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title-220•Alabama Administrative Code, Title 220 — Alabama Department of Conservation and Natural Resources
title-220Alabama Admin. Code Title 220Regulation1 janv. 1900
(1) The Department of Conservation and Natural Resources is a statutorily-created department of the State of Alabama.
(2) The Department is under the direction, supervision, and control of the Commissioner, who is appointed by the Governor.
(3) The Department has a statutorily-created Advisory Board of Conservation and Natural Resources.
(4) There are five (5) divisions within the Department:
(1) Administrative;
(2) Game and Fish;
(3) Marine Resources;
(4) State Lands; and
(5) State Parks.
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(1) The Commissioner of the Department of Conservation and Natural Resources is empowered to perform all functions and duties of the Department as provided by law.
(2) The Advisory Board of Conservation and Natural Resources is empowered to perform all functions and duties as provided in § 9-2-15, Code of Ala.1975, and otherwise provided by law, including, but not limited to, assisting in formulating Departmental policies.
(3) The Administrative Division includes the Commissioner's Office, Legal Section, Personnel and Payroll Section, Engineering Section, Accounting Section, Information and Education Section, Property Inventory Section and Information Technology Section.
(a) The Commissioner's Office provides the overall direction and management of the Department.
(b) The Legal Section provides legal advice and counsel, prepares legal documents, drafts and reviews legislation and regulations, represents the Department in litigation, and provides other legal related services.
(c) The Personnel and Payroll Section maintains personnel records of Departmental employees, prepares and maintains payrolls and payroll records, provides liaison with the State Personnel Department for personnel actions, and provides other related services.
(d) The Engineering Section provides review of architectural, engineering, and construction plans and specifications, provides design and cartographic services, administers construction contracts, and provides other related services.
(e) The Accounting Section provides clearing house services for financial data, maintains records of disbursements and receipts, processes warrants, vouchers, requisitions, and license sales, provides auditing services, and provides other related services.
(f) The Information and Education Section provides information and education to the public relative to activities within Departmental jurisdiction, prepares news releases and inter-departmental newsletters, and provides other related services.
(g) The Property Inventory Section maintains a full and complete inventory of all non-consumable personal property of the value of five hundred dollars ($500) or more owned, used, or acquired by the Department, submits an inventory list biannually to the State Auditor as required by law, conducts annual and/or semi-annual audits for the Department, maintains records of all Department vehicles, titles, and tags, and maintains a warehouse facility for storage of vehicles and inventory for the Department.
(4) The Game and Fish Division includes the Enforcement Section, Wildlife Section, and Fisheries Section.
(a) The Enforcement Section provides enforcement of the laws and regulations relating to the Game and Fish Division, and provides other related services.
(b) The Wildlife Section provides the general management over the wildlife resources of Alabama, engages in biological research as to these resources, operates wildlife management areas, provides hunter safety education, and provides other related services.
(c) The Fisheries Section provides the general management of the fresh water fishery resources of Alabama, engages in biological research as to these resources, operates a public fishing lakes program, and provides other related services.
(5) The Marine Resources Division includes the Administrative Section, Fisheries Section, and the Enforcement Section.
(a) The Administrative Section provides overall management of the Division, relative to marine resources, and provides other related services.
(b) The Fisheries Section provides biological research as to marine resources, engages in resource management, and provides other related services.
(c) The Enforcement Section provides enforcement of the laws and regulations relating to Marine Resources Division, and provides other related services.
(6) The State Parks Division provides the management and operation of all State Parks within its jurisdiction, including a number of motels, resorts and recreational facilities, and provides other related services.
(7) The State Lands Division provides the management of State Lands within its jurisdiction, provides for the management of oil and gas and other minerals on or within such lands, and provides other related services.
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(1) The public may obtain information about the Department by accessing its website: www.outdoorsalabama.com. For contacts within the Department click on the "Contact Us" link. The public may otherwise obtain information or make submissions or requests, by writing or calling the appropriate office as indicated below:
(a) General Departmental Information - Department of Conservation and Natural Resources, Information and Education Section, 64 North Union Street, Montgomery, AL. 36130, (334) 242-3151.
(b) Game and Fish Information - Department of Conservation and Natural Resources, Game and Fish Division, 64 North Union Street, Montgomery, AL. 36130.
(c) Marine Resources Information - Department of Conservation and Natural Resources, Marine Resources Division, P. 0. Box 189, Dauphin Island, AL. 36528, (251) 861-2882.
(d) State Parks Information - Department of Conservation and Natural Resources, State Parks Division, 64 North Union Street, Montgomery, AL. 36130, (334) 242-3334 State Parks information can also be found at www.alapark.com and by phone at 1-800-ALAPARK (1-800-252-7275).
(e) State Lands Information - Department of Conservation and Natural Resources, State Lands Division, 64 North Union Street, Montgomery, AL. 36130, (334) 242-3484.
(f) Legal information, documents, and regulations -Department of Conservation and Natural Resources, Legal Section, 64 North Union Street, Suite 474, Montgomery, AL 36130, (334) 242-3165.
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(1) The Department may issue declaratory rulings to any person substantially affected by a Rule with respect to the validity of the Rule, or with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by the Department, or with respect to the meaning and scope of any order of the Department. Such rulings shall be issued provided:
(a) The petitioner makes his request in writing, and
(b) The petitioner shows that he is substantially affected by the Rule in question, and
(c) Sufficient facts are supplied in the request to permit the Department to make a valid determination, and
(d) The request arises from an actual question or controversy.
(2) Such rulings will be made in accordance with the Alabama Administrative Procedures Act § 11, Code of Alabama 1975, § 41-22-11.
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All "contested cases," as defined in § 41-22-3(3), Code of Alabama 1975, shall be conducted in accordance with the "Alabama Administrative Procedure Act" as codified in Code of Alabama 1975, § 41-22-1, et. seq.
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Described on the pages immediately following are forms and instructions which are available to the public from the Department of Conservation and Natural Resources.
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The purpose of this chapter is to establish rules for regulating the parking of motor vehicles on property under the control of the Department of Conservation and Natural Resources for the protection of the health, safety, and welfare of the public and natural resources of this state and to implement Act 2019-442.
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(1) Boating Access Area. A state-owned, leased, and/or operated boat launching and/or landing access area, parking lot, ramp, pier, and any real or personal property within the boundaries of said areas under the jurisdiction of the Department of Conservation and Natural Resources.
(2) Commissioner. The Commissioner of the Department of Conservation and Natural Resources.
(3) Department. The Department of Conservation and Natural Resources, including any division thereof.
(4) Motor vehicle. Every vehicle which is self-propelled and every vehicle which is propelled by electric power, and every vehicle that is drawn by a self-propelled vehicle, including every trailer and semitrailer.
(5) Property under the Control of the Department. Property, and any roads or streets on the property, including but not limited to, state parks property; boating access areas, including associated parking lots; wildlife management areas; public fishing lake property; any property controlled, owned, leased, or managed by the department or any of its divisions or the Forever Wild Land Trust.
(6) Special Officer. A person designated by the Commissioner to enforce Act 2019-442; to issue Uniform Traffic Ticket and Complaint forms for parking violations; and to represent the Department in district courts in matters related to parking violations.
(7) Unattended Motor Vehicle. A motor vehicle that is unoccupied.
(8) UTTC. Uniform Traffic Ticket and Complaint.
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(1) All law enforcement officers employed in any division and/or section of the Department are authorized to enforce Act 2019-442; to issue UTTCs for parking violations listed in Rule 220-1-4-.04; and to represent the Department in district courts in matters related to parking violations.
(2) The Commissioner may by letter appoint individuals who are not law enforcement officers to serve as special officers of the Department for purposes of enforcement of Act 2019-442; to issue UTTCs for parking violations listed in Rule 220-1-4-.04; and to represent the Department in district courts in matters related to parking violations. Such appointments shall become effective upon the date of the letter and shall remain effective until revoked by the Commissioner, or until the special officer is no longer employed with the Department or the contract with the special officer, who is not an employee of the Department, expires or is terminated.
(3) If a person is observed violating a parking rule, a law enforcement officer or special officer may issue a UTTC directly to the violator. If a motor vehicle is parked in violation of rule 220-1-4-.04 and is unattended, a law enforcement officer or special officer may issue a UTTC in the name of the registrant of the motor vehicle and place it on the front windshield of the motor vehicle. A copy of each UTTC issued to the registrant shall be mailed, by regular mail, to the registered owner of the motor vehicle.
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A UTTC may be issued for the following parking violations on any property under the control of the Department:
(1) No person shall park a motor vehicle upon a street or road in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic.
(2) No person shall park any motor vehicle upon a street or road in such a manner or under such conditions as to block or obstruct the free movement of vehicular traffic.
(3) No person shall park a motor vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the alley for free movement of vehicular traffic and no person shall leave a motor vehicle unattended within an alley in such a position as to block an entrance or exit.
(4) Where parking stalls or spaces are designated by appropriate markings, a motor vehicle shall be parked wholly within such stall or space unless such vehicle is too large, in which case such vehicle may use two (2) or more parking stalls or spaces as necessary. Notwithstanding the foregoing, recreational vehicles shall be parked in spaces designated for such use.
(5) No person shall park or leave standing any motor vehicle, whether attended or unattended, in such manner that any portion of such vehicle is located on the paved or improved or main traveled portion or right of way of Alabama Highway 182 through Gulf State Park property.
(6) No person shall park or leave standing any motor vehicle within any designated fire lane.
(7) No person shall park a motor vehicle in those spaces that are marked as designated for vehicles with an attached boat trailer in public boating access areas, unless the person is parking a vehicle to which a boat trailer is attached.
(8) No person shall park a motor vehicle in such a way that blocks access to or interferes in any way with the use of any part of a boat ramp or pier.
(9) No person shall park a motor vehicle in a public boating access area that is not designated for parking.
(10) No person shall park a motor vehicle in an area that requires a fee to park, without paying such fee. If there is a parking meter in use and it is of the type that issues a ticket or token, the vehicle must display proof of payment whether it be a meter ticket or token, yearly pass, or tear off from envelope on day permits.
(11) No person shall park a motor vehicle in such way that inhibits entrance or exit through any gate.
(12) No person who does not have a distinctive special long-term access or long-term disability access license plate or placard, or a temporary disability placard duly issued to such person and currently in effect, shall park a motor vehicle in a parking place designated for individuals with disabilities on any property under the control of the Department.
(13) No person shall park a motor vehicle in any area or space where parking is prohibited by a posted sign, a street marking, or a traffic control device.
(14) No person shall park a commercial motor vehicle overnight unless such person has received prior written consent or has a placard issued by the Department displayed in a location which is visible from the outside of the commercial motor vehicle.
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(1) The fine for parking in a handicapped parking space in violation of rule 220-1-4-.04 shall be two hundred fifty dollars ($250).
(2) The fine for any other parking violation listed in rule 220-1-4-.04 shall be fifty dollars ($50).
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A motor vehicle parked in violation of Act 2019-442 and/or Rule 220-1-4-.04 may be removed as provided in Section 32-13-2, Code of Ala. 1975.
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(1) The procedures for the issuance and resolution of UTTCs shall be consistent with Rule 19 of the Alabama Rules of Judicial Administration except as otherwise provided by Act 2019-442, with district courts having exclusive jurisdiction over parking violations.
(2) Any fine collected from disposition of a parking violation shall be paid to the clerk of the district court, who shall disburse the funds as provided in Act 2019-442.
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The purpose of this chapter is to establish the procedures for the disbursement of reservoir management and reservoir debris management grants to Qualified Local Entities for use in controlling invasive aquatic species in State Reservoirs; removing debris from navigable waters within State Reservoirs; and installing, maintaining, and repairing navigational aids or regulatory signs that are officially designated by Alabama State Law Enforcement Agency.
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(1) When used in this chapter, the following terms have the meaning given below:
(a) "Department" means the Department of Conservation and Natural Resources.
(b) "Local Entity" means one of the following:
A county.
An incorporated municipality.
An unincorporated municipality.
A public entity of a county or municipality.
A public-private partnership.
A state agency.
(c) "Eligibility" means the standard or criteria by which a local government or applicant qualifies for grant funds, as determined by the Department. These standards shall include, but are not limited to, completeness of the grant application; plans for controlling invasive aquatic species or debris removal projects; current status of related efforts underway within the applicant's jurisdiction; and consistency with local management planning.
(d) "Qualified Local Entity" means the local entity with an existing reservoir and/or debris management plan.
(e) "Local Public-Private Partnership" means any partnership between a county, incorporated municipality, unincorporated municipality, or any other public entity of a county or municipality and a private organization.
(f) "State Reservoir" means a quantity of any public spring, brook, creek, stream, river, pond, swamp, lake, reservoir, impoundment, sound, tidal estuary, bay, waterway, aquifer, or any other body or accumulation of water, surface water, or ground water, natural or artificial, that does any of the following:
Is contained within the borders of this state.
Flows through or to this state or any portion thereof.
Borders upon this state of any portion thereof, including those portions of the Gulf of Mexico over which the state has jurisdiction.
(g) "Grant agreement" means the binding contract between the Department and the applicant.
(h) "Grant Application" means the initial request from the local entity for a grant from the Department.
(i) "Grant period" means twenty-four months from the time the grant agreement is properly executed by all parties or the time period specified in the grant documents.
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(1) Requests for funding shall be submitted to the Department on application forms specified by the Department.
(2) Applications for grants from the Program for the control of invasive aquatic species must be submitted to the Department no later than October 1 of the year to be considered for funding from that fiscal year's grant awards.
(3) Applications for grants from the Program for debris removal or for navigational or regulatory signs may be submitted to the Department at any time during the year to be considered for funding from that fiscal year's grant awards.
(4) Applicants must show how the project relates to and follows the requirements of their approved reservoir management plan for projects designed to address invasive aquatic species.
(5) Applicants must, prior to applying for a grant under this program, obtain and submit with the application, written concurrence for the project from the owner or operator, or both, of the applicable State Reservoir.
(6) Applicants must contribute matching funds equal to 50 percent of the total amount of the grant award. Matching funds must be included on the budget request submitted within the grant application and will be included in the grant agreement signed between both parties. Applicants may use grant funds obtained under this rule as match for any state or federal program that addresses the purposes of this program.
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(1) Upon review and approval of the application, the Department will determine the exact amount of the grant award and prepare a grant agreement.
(2) The grant agreement will be forwarded to the applicant to be signed by a local government official, authority official or officer of the local entity.
(3) The applicant may request advance funds through the application process; however, known needs must be documented before advance funds can be approved. Following approval by the Department, the advance funds will be forwarded to the applicant.
(4) Any local entity receiving grant funds will be reimbursed for actual expenses incurred from the implementation of the approved project or program. Each semi-annual report shall report on the status of the project to be funded by the grant and shall include information necessary for review by the Department for reimbursement of actual costs. Each report must be submitted fifteen (15) days from the end of the previous semester. Semesters shall run October 1st through March 31st, and April 1st through September 30th of each year.
(5) The Commissioner, or his designee, may terminate a grant award in whole or in part and demand refund of grant funds when there is substantial non-compliance with the terms of the award or these rules; a determination made by the Department that the grant was obtained by fraudulent means, when it is found that grant monies have been used for non-allowable costs; or a determination made by the Department that gross abuse or corrupt practices have been used in the administration of the grant project by the recipient.
(a) The Commissioner, or his designee, will give written notice to the recipient (via certified mail, return receipt requested) of its intent to terminate a Fund grant, in whole or in part, at least 30 days prior to the intended date of termination.
(b) The Commissioner, or his designee, will afford the grant recipient an opportunity for consultation prior to any termination. After such opportunity for consultation, the Department may, in writing (via certified mail, return receipt requested), terminate the Fund grant in whole or in part.
(c) In event of such termination, the local entity shall be ineligible to make application for further participation in the grant program until the grantee complies with the terms of the grant award or these rules.
(6) The amount of each grant awarded under this chapter shall be at the sole discretion of the Commissioner, or his designee.
(7) Grant funds not awarded due to insufficient requests or applications, shall remain in the State Reservoir Management Grant Fund and shall be available for award in future grant years.
(8) The Department may award up to 75 percent of the yearly grant funds available to invasive aquatic species projects and up to 25 percent of the yearly total for marine debris/navigational aid or regulatory sign projects.
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(1) Each recipient of grant funds shall maintain accurate records of all expenditures associated with the project funded by grants awarded pursuant to this chapter and shall assure that these records are available for inspection and/or audit upon request by the Department. Records shall be kept for a period of at least five years from the execution of the grant agreement.
(2) Recordkeeping information, as required by the Department, shall be listed in the grant agreement and shall be included with each semi-annual report submitted by the recipient. Such requirements established by the Department shall not be inconsistent with accounting and record-keeping methods such entities may be required to follow by the Alabama Department of Examiners of Public Accounts.
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(1) Upon receipt and approval of the grant application, the Department will determine the amount of the grant award and prepare the grant agreement. Payment of grant awards will be contingent upon receipt and approval of the grant agreement.
(2) All Local Public-Private Partnerships that choose to apply jointly shall enter into a binding agreement that designates a lead applicant and describes how the funds will be disbursed and used. The applicant shall submit all required documents on behalf of the local entities which are party to the agreement. Such applications and submittals shall be equivalent to those required if each local government were applying individually.
(3) Applicants shall provide the Department with information on any previous state or federal grants received for the purpose of work related to the grant application received by the jurisdiction during the previous 36 months. This information shall include the grant amount, the grant period, and other information or data as set forth in the application forms.
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(1) In order to be considered for a grant award under the Program, all applications shall include the following information:
(a) A specific description of the project for which grant funds are requested, including the specific locations where work will be completed.
(b) A description of all existing activities related to the scope of work that have been or are planned on the State Reservoir where the project will be conducted.
(c) A statement that the grant is needed to achieve or surpass the goals established in either the reservoir management plan for projects designed to address invasive aquatic species or the reservoir debris management plan for projects designed to address marine debris.
(d) A summary of all costs incurred, or to be incurred, in planning and implementing the project.
(e) A copy of the Local Public-Private Partnerships agreement into which local entities have entered or will enter to accomplish the purposes of this rule.
(f) Applicants may not apply for any grant funds under this program if they have any open grants under this program that have been open greater than two years.
(g) Applicants must ensure that any projects undertaken through grant funds received under this program do not conflict or interfere with any right or obligation of an owner or operator of such State Reservoir or otherwise create any duty or liability for such owner or operator.
(h) Applications which have not met their obligations under the terms of any previous grant agreements or accounted for any unused grant funds from a previous grant awarded under this rule during the previous 36 months shall be denied by the Department.
(i) Applicants must contribute matching funds equal to 50 percent of the total amount of the grant award.
(j) Applicants must obtain written concurrence for the project from the owner or operator, or both, of the applicable State Reservoir.
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(1) Grants awarded under this chapter shall be made in accordance with the requirements of this part and shall be used to develop, implement, and enhance the requirements and objectives of the Alabama State Reservoir Management Development Act of 2021. In determining the grant award recipients, the Commissioner will consider the following:
(a) Amount of grant funds available.
(b) The ability of local entity to operate at the funding level provided in the grant period.
(c) The quality of each proposed project in terms of meeting program objectives as reflected in each application. After the initial grant year, actual performance of the Grantee in administering grants in prior years will be considered.
(d) The cost to the program in relation to the quality and quantity of projects proposed.
(e) The demonstrated capability of the Grantee to establish and implement an effective mechanism to assure that the project can be completed in accordance with the regulations of this chapter.
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(1) DEER
(a) ANTLERED BUCKS are defined as those male deer with one or more antlers visible above natural hairline.
(b) UNANTLERED DEER are defined as all deer without one or more antlers visible above the natural hairline.
(c) WHITE-TAILED ANTLERED BUCK LIMIT - Three per hunter during all combined seasons, one per day. One of the three must have at least 4 antler points l" or longer on one antler (except for Barbour County). A point is defined as an antler projection of at least one inch in length from base to tip. Main beam tip shall be counted as a point regardless of length.
EXCEPTIONS :
(i) BARBOUR COUNTY ANTLER RESTRICTION - white-tailed deer antlered bucks must have a minimum of three points on one side, (except on the statewide special youth deer hunting dates during which any antlered buck may be taken).
(ii) WILDLIFE MANAGEMENT AREA (WMA) BONUS BUCK - One per hunter during all combined bonus buck hunt dates will be allowed to be harvested from a selected collection of WMAs on specific hunt dates depicted on the AREA Permits that will not count towards the hunter's State three buck limit. Must be validated at WMA check station by WFF personnel.
(d) WHITE-TAILED UNANTLERED DEER LIMIT - During the Unantlered Deer Gun, Special Muzzleloader and Air Rifle, Archery, and Special Youth (under 16) Seasons, one unantlered deer may be taken per day in addition to one antlered buck per day. See Special Exceptions below for selected areas.
(e) SPECIAL YOUTH (UNDER 16) DEER HUNTING - Statewide (includes all Privately Owned, Leased Lands, and Open Permit - Public Lands (except Wildlife Management Areas) in Zones A, B, C, & CMZ November 15 - 18 and in Zones D & E November 1-4. Dog deer hunting in those counties or parts of counties where and how it is allowed during the regular dog deer hunting season. Same legal arms and ammunition apply as in Gun Deer Season, in accordance with Rule 220-2-.119. See the 2024-2025 AREA Permits for youth deer hunting dates and other information about WMA Hunting.
(f) DEER ZONE DESCRIPTIONS:
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If notes 1, 2, 3, or 4 or 3 appear by the county listed and for CMZ information, see the special exceptions below. Note 1 relates to dog deer hunting. Note 2 relates to U.S. Corp of Engineers Lands. Note 3 relates to U.S. Forest Service Lands. Note 4 relates to CWD.
ZONE A (see map) : Those areas with the following boundaries: beginning at the intersection of the Alabama/Mississippi state line and US Hwy. 80 (Sumter County), east along US Hwy. 80 to the US Hwy. 80 Bypass in Selma (Dallas County); east along US Hwy 80 Bypass to the Alabama River; east along the Alabama River to I-65; south along I-65 to the intersection with I-85; north along I-85 to AL Hwy. 169 (Exit 60 - Lee County); south along AL Hwy. 169 to AL Hwy. 1/US Hwy. 431; south along AL Hwy. 1/US Hwy. 431 to AL Hwy. 26; west along AL Hwy. 26 to Russell County Road 65; south along Russell County Road 65 to Russell County Road 4; west along Russell County Road 4 to Russell County Road 49; south along Russell County Road 49 to US Hwy. 82; east along US Hwy. 82 to the Chattahoochee River; south along the Chattahoochee River to AL Hwy. 10; west along AL Hwy. 10 to Henry County Road 57; south along Henry County Road 57 to Henry County Road 99; south along Henry County Road 99 to US Hwy. 431; south along US Hwy. 431 to Ross Clark Circle (bypass around Dothan); east along Ross Clark Circle to US Hwy. 231; south along US Hwy. 231 to the Alabama/Florida state line; east along the Alabama/Florida state line to the Chattahoochee River; north along the Chattahoochee River to US Hwy. 82; west along US Hwy. 82 to US Hwy. 431; north along US Hwy. 431 to US Hwy. 280; east along US Hwy. 280 to Alabama/Georgia state line; north along Alabama/Georgia state line to I-20; west along I-20 to AL Hwy. 21; north along AL Hwy. 21 to US Hwy. 278; east along US Hwy 278 to the Alabama/Georgia state line; north along the Alabama/Georgia state line to the Alabama/Tennessee state line; west along the Alabama/Tennessee state line to the Lauderdale County/Limestone County line; south along the Lauderdale County/Limestone County line to the Tennessee River; west along the Tennessee River to the Colbert County/Lawrence County line; south along the Colbert County/Lawrence County line to the Colbert County/Franklin County line; west along the Colbert County/Franklin County line to the Alabama/Mississippi state line; south along the Alabama/Mississippi state line ending at US Hwy. 80 (Sumter County). Excludes Zones C, D, E, and CMZ descriptions below .
ZONE B (see map) : Those areas south or west of a line described as: beginning at the intersection of the Mississippi state line and US Hwy. 80 (Sumter County), east along US Hwy. 80 to the US Hwy. 80 Bypass in Selma (Dallas County); east along US Hwy. 80 Bypass to the Alabama River; east along the Alabama River to I-65; south along I-65 to the intersection with I-85; north along I-85 to AL Hwy. 169 (Exit 60-Lee County); south along AL Hwy. 169 to AL Hwy. 1/US Hwy. 431; south along AL Hwy. 1/US Hwy. 431 to AL Hwy. 26; west along AL Hwy. 26 to Russell County Road 65; south along Russell County Road 65 to Russell County Road 4; west along Russell County Road 4 to Russell County Road 49; south along Russell County Road 49 to US Hwy. 82; east along US Hwy. 82 to US Hwy. 431; south along US Hwy. 431 to US Hwy. 82; east along US Hwy. 82 to the Chattahoochee River; south along the Chattahoochee River to AL Hwy. 10; west along AL Hwy. 10 to Henry County Road 57; south along Henry County Road 57 to Henry County Road 99; south along Henry County Road 99 to US Hwy. 431; south along US Hwy. 431 to Ross Clark Circle (bypass around Dothan); east along Ross Clark Circle to US Hwy. 231; south along US Hwy. 231 to the Alabama/Florida state line; west along the Alabama/Florida state line to the Alabama/Mississippi state line, north along the Alabama/Mississippi state line ending at US Hwy. 80 (Sumter County). Excludes Zone E description below .
ZONE C (see map) : Those areas of Blount, Cullman, Etowah, Franklin, Jefferson, Lawrence, Marion, Morgan, Marshall, St. Clair, Walker, and Winston Counties with the following boundaries: beginning at the Colbert County/Franklin County line on US Hwy. 43/13, south along US Hwy. 43/13 to Spruce Pine (Franklin County); south along AL Hwy. 13 to AL Hwy. 195 in Haleyville (Winston County); north along AL Hwy. 195 to Winston County Road 93; north along Winston County Road 93 to Franklin County Road 93; north along Franklin County Road 93 to Franklin County Road 81; north along Franklin County Road 81 to Franklin County Road 83; north along Franklin County Road 83 to AL Hwy. 24; east along Alabama Hwy. 24 to intersection with AL Hwy. 157 in Moulton (Lawrence County); south along AL Hwy. 157 to Cullman County Road 1114; south along Cullman County Road 1114 to US Hwy. 278 in Jones Chapel (Cullman County); west along US Hwy. 278 to Helicon Road (Winston County Road 77); south along Helicon Road (Winston County Road 77) to Winston County Road 41 in Arley (Winston County); south along Winston County Road 41 to the Sipsey Fork; south along the Sipsey Fork to US Hwy. 69; north along US Hwy. 69 to I-65; south along I-65 to I-59; north along I-59 to US Hwy. 11; north along US Hwy. 11 to Etowah County/Dekalb County line; west along Etowah County/Dekalb County line to Dekalb County/Marshall County line; north along Dekalb County/Marshall County line to Marshall County/Jackson County line, north along Marshall County/Jackson County line to Tennessee River; west along Tennessee River to the Colbert County/Lawrence County line; south along the Colbert County/Lawrence County line to the Colbert County/Franklin County line; west along the Colbert County/Franklin County line ending at US Hwy. 43/13. Excludes Zone D description below .
ZONE D (see map) : Those areas of Cullman, Franklin, Lawrence, Morgan and Winston Counties with the following boundaries: beginning at the intersection of AL Hwy. 157 and AL Hwy. 24 in Moulton (Lawrence County); south along AL Hwy. 157 to Cullman County Road 1114; south along Cullman County Road 1114 to US Hwy. 278 in Jones Chapel (Cullman County); west along US Hwy. 278 to Helicon Road (Winston County Road 77); west along Helicon Road (Winston County Road 77) to Winston County Road 41 in Arley (Winston County); south along Winston County Road 41 to the Sipsey Fork; south along the Sipsey Fork to the Winston County/Walker County line; west along the Winston County/Walker County line to AL Hwy. 5; north along AL Hwy. 5 to AL Hwy. 13 at Natural Bridge (Winston County); north along AL Hwy. 13 to AL Hwy. 195 in Haleyville (Winston County); north along AL Hwy. 195 to Winston County Road 93; north along Winston County Road 93 to Franklin County Road 93; north along Franklin County Road 93 to Franklin County Road 81; north along Franklin County Road 81 to Franklin County Road 83; north along Franklin County Road 83 to AL Hwy. 24; east along AL Hwy. 24 ending at intersection with AL Hwy. 157 in Moulton (Lawrence County).
ZONE E (see map) : Those areas of Barbour and Russell Counties with the following boundaries: beginning at the intersection of US Hwy. 82 and US Hwy. 431 in Eufaula (Barbour County), north along US Hwy. 431 to US Hwy. 280; east along US Hwy. 280 to the Chattahoochee River; south along the Chattahoochee River to US Hwy. 82; west along US Hwy. 82 ending at intersection with US Hwy. 431 (Barbour County); and those areas of Calhoun, Cherokee, and Cleburne Counties with the following boundaries: beginning at the intersection of I-20 and AL Hwy. 21 (Calhoun County); north along AL Hwy. 21 to AL Hwy. 9 in Piedmont (Calhoun County); north along AL Hwy. 9 to US Hwy. 278; east along US Hwy. 278 to the Alabama/Georgia state line; south along the Alabama/Georgia state line to I-20; west along I-20 ending at intersection with AL Hwy. 21 (Calhoun County).
Chronic Wasting Disease (CWD) Management Zone (see map) : The CWD Management Zone (CMZ) includes all of Lauderdale, Colbert, and Franklin Counties.
(i) Within the CMZ, the High-Risk Zone (HRZ) includes all Lauderdale and Colbert County and the portion of Franklin County with the following boundaries: beginning at the intersection of the Alabama/Mississippi State line and State Hwy. 24; east along State Hwy. 24 to US Hwy. 43; north along US Hwy. 43 to the Franklin County/Colbert County line.
(ii) Within the CMZ, the Buffer Zone (BZ) includes those portions of Franklin County with the following boundaries: beginning at the intersection of the Alabama/Mississippi State line and State Hwy. 24, south along the Alabama/Mississippi State line to the Franklin County/Marion County line; east along the Franklin County/Marion County line to the Franklin County/Winston County line; east along the Franklin County/Winston County line to the Franklin County/Lawrence County line; north along the Franklin County/Lawrence County line to Franklin County/Colbert County line; west along the Franklin County/Colbert County line to US Hwy. 43; south along US Hwy. 43 to State Hwy. 24; west along State Hwy. 24 ending at the Alabama/Mississippi State line.
(g) DEER SEASON ZONES :
| Zone A | | | | | --- | --- | --- | --- | | Archery-Stalk Hunting | | October 15, 2024 - February 10, 2025 | Either Sex | | Special Youth Gun | | November 15-18, 2024 | Either Sex | | Special Muzzleloader and Air Rifle | | | | | | Privately Owned or Leased Land and Open Permit Public Lands (Stalk Hunting Only) | November 18-22, 2024 | Either Sex | | Gun Deer-Stalk Hunting | | | | | | On Privately Owned or Leased Land Only | November 23, 2024 - February 10, 2025 | Either Sex | | | On Open Permit Public Land | November 23 - December 13, 2024 | Antlered Bucks Only | | | | December 14, 2024 - January 5, 2025 | Either Sex | | | | January 6 - February 10, 2025 | Antlered Bucks Only | | Gun Deer-Dog Deer Hunting: Where Allowed | | | | | | On Privately Owned or Leased Land Only | November 23, 2024 - January 15, 2025 | Either Sex | | | On Open Permit Public Lands Where Allowed | November 23 -December 13, 2024 | Antlered Bucks Only | | | | December 14, 2024 - January 5, 2025 | Either Sex | | | | January 6-15, 2025 | Antlered Bucks Only |
| Zone B | | | | | --- | --- | --- | --- | | Archery-Stalk Hunting | | October 15-24, 2024 | Antlered Bucks Only | | | | October 25, 2024 - February 10, 2025 | Either Sex | | Special Youth Gun | | November 15-18, 2024 | Either Sex | | Special Muzzleloader and Air Rifle | | | | | | Privately Owned or Leased Land and Open Permit Public Lands (Stalk Hunting Only) | November 18-22, 2024 | Either Sex | | Gun Deer-Stalk Hunting | | | | | | On Privately Owned or Leased Land Only | November 23, 2024 - February 10, 2025 | Either Sex | | | On Open Permit Public Land | November 23 - December 13, 2024 | Antlered Bucks Only | | | | December 14, 2024 - January 5, 2025 | Either Sex | | | | January 6 - February 10, 2025 | Antlered Bucks Only | | Gun Deer-Dog Deer Hunting: Where Allowed | | | | | | On Privately Owned or Leased Land Only | November 23, 2024 - January 15, 2025 | Either Sex | | | On Open Permit Public Lands Where Allowed | November 23 - December 13, 2024 | Antlered Bucks Only | | | | December 14, 2024 - January 5, 2025 | Either Sex | | | | January 6 - 15, 2025 | Antlered Bucks Only |
| Zone C | | | | | --- | --- | --- | --- | | Archery-Stalk Hunting | | October 15, 2024 - February 10, 2025 | Either Sex | | Special Youth Gun | | November 5-18, 2024 | Either Sex | | Special Muzzleloader and Air Rifle | | | | | | Privately Owned or Leased Land and Open Permit Public Lands (Stalk Hunting Only) | November 18-22, 2024 | Either Sex | | Gun Deer-Stalk Hunting | | | | | | On Privately Owned or Leased Land Only | November 23 - December 1, 2024 | Either Sex | | | | December 2-13, 2024 | Antlered Bucks Only | | | | December 14, 2024 - January 1, 2025 | Either Sex | | | | January 2 - February 10, 2025 | Antlered Bucks Only | | | On Open Permit Public Land | November 23 - December 13, 2024 | Antlered Bucks Only | | | | December 14, 2024 - January 1, 2025 | Either Sex | | | | January 2 - February 10, 2025 | Antlered Bucks Only | | Gun Deer-Dog Deer Hunting: Where Allowed | | | | | | On Privately Owned or Leased Land Only | November 23 - December 1, 2024 | Either Sex | | | | December 2-13, 2024 | Antlered Bucks Only | | | | December 14, 2024 - January 1, 2025 | Either Sex | | | | January 2 - 15, 2025 | Antlered Bucks Only | | | On Open Permit Public Lands Where Allowed | November 23 - December 13, 2024 | Antlered Bucks Only | | | | December 14, 2024 - January 1, 2025 | Either Sex | | | | January 2 - 15, 2025 | Antlered Bucks Only |
| Zone D | | | | | --- | --- | --- | --- | | Archery-Stalk Hunting | | October 1, 2024 - January 15, 2025 | Either Sex | | | | January 16 - 27, 2025 | Antlered Bucks Only | | Special Youth Gun | | November 1-4, 2024 | Either Sex | | Special Muzzleloader and Air Rifle | | | | | | Privately Owned or Leased Land and Open Permit Public Lands (Stalk Hunting Only) | November 4-8, 2024 | Either Sex | | Gun Deer-Stalk Hunting | | | | | | On Privately Owned or Leased Land Only | November 9-22, 2024 | Antlered Bucks Only | | | | November 23 - December 1, 2024 | Either Sex | | | | December 2-13, 2024 | Antlered Bucks Only | | | | December 14, 2024 - January 1, 2025 | Either Sex | | | | January 2 - 27, 2025 | Antlered Bucks Only | | | On Open Permit Public Land | November 9 - December 13, 2024 | Antlered Bucks Only | | | | December 14, 2024 - January 1, 2025 | Either Sex | | | | January 2 - 27, 2025 | Antlered Bucks Only | | Gun Deer-Dog Deer Hunting: Where Allowed | | | | | | On Privately Owned or Leased Land Only | November 9-22, 2024 | Antlered Bucks Only | | | | November 23 - December 1, 2024 | Either Sex | | | | December 2-13, 2024 | Antlered Bucks Only | | | | December 14, 2024 - January 1, 2025 | Either Sex | | | On Open Permit Public Lands Where Allowed | November 9 -December 13, 2024 | Antlered Bucks Only | | | | December 14, 2024 - January 1, 2025 | Either Sex |
| Zone E | | | | | --- | --- | --- | --- | | Archery-Stalk Hunting | | October 1, 2024 - January 15, 2025 | Either Sex | | | | January 16 - 27, 2025 | Antlered Bucks Only | | Special Youth Gun | | November 1-4, 2024 | Either Sex | | Special Muzzleloader and Air Rifle | | | | | | Privately Owned or Leased Land and Open Permit Public Lands (Stalk Hunting Only) | November 4-8, 2024 | Either Sex | | Gun Deer-Stalk Hunting | | | | | | On Privately Owned or Leased Land Only | November 9, 2024 - January 15, 2025 | Either Sex | | | | January 16 - 27, 2025 | Antlered Bucks Only | | | On Open Permit Public Land | November 9 - December 13, 2024 | Antlered Bucks Only | | | | December 14, 2024 - January 1, 2025 | Either Sex | | | | January 2 -27, 2025 | Antlered Bucks Only | | Gun Deer-Dog Deer Hunting: Where Allowed | | | | | | On Privately Owned or Leased Land Only | November 9, 2024 - January 1, 2025 | Either Sex | | | On Open Permit Public Lands Where Allowed | November 9 - December 13, 2024 | Antlered Bucks Only | | | | December 14, 2024 - January 1, 2025 | Either Sex |
| Chronic Wasting Disease Management Zone (CMZ) | | | | | --- | --- | --- | --- | | Archery-Stalk Hunting | | October 15, 2024 - February 10, 2025 | Either Sex | | Special Youth Gun | | November 15-18, 2024 | Either Sex | | Special Muzzleloader and Air Rifle | | | | | | Privately Owned or Leased Land and Open Permit Public Lands (Stalk Hunting Only) | November 18-22, 2024 | Either Sex | | Gun Deer-Stalk Hunting | | | | | | On Privately Owned or Leased Land Only | November 23, 2024 - February 10, 2025 | Either Sex | | | On Open Permit Public Land | November 23 - December 13, 2024 | Antlered Bucks Only | | | | December 14, 2024 - January 5, 2025 | Either Sex | | | | January 6 -February 10, 2025 | Either Sex (effective 12-23-2024) | | Gun Deer-Dog Deer Hunting: Where Allowed | | | | | | On Privately Owned or Leased Land Only | November 23, 2024 - January 15, 2025 | Either Sex | | | On Open Permit Public Lands Where Allowed | November 23 - December 13, 2024 | Antlered Bucks Only | | | | December 14, 2024 - January 5, 2025 | Either Sex | | | | January 6 - 15, 2025 | Antlered Bucks Only |
(h) SPECIAL EXCEPTIONS :
DOG DEER HUNTING RESTRICTIONS :
(i) Dog Deer Hunting Prohibited Except by Special Permit from the Department: BALDWIN; CHAMBERS; CHOCTAW (that area south of AL Hwy. 10 and west of AL Hwy. 17 and north of County Road 18 from AL Hwy. 17 to County Road 14 then north of County Road 14 to the Mississippi state line); COLBERT (that area west of US Hwy. 43); COOSA; COVINGTON (north of US Hwy. 84); ELMORE (that area inside the following boundaries: from the Coosa County/Elmore County line at the east bank of Lake Jordan, to AL Hwy. 9, south along AL Hwy. 9 to the intersection of US Hwy. 231, south along US Hwy. 231 to the intersection of AL Hwy. 14, west along AL Hwy. 14 to the east bank of the Coosa River, north along the east bank of the Coosa River to Lake Jordan, back to the Coosa County/Elmore County line); GENEVA; HENRY; MACON (that area inside the following boundaries: from County Road 24 at the Lee County line, west and south to County Road 26, west to County Road 10, southeast to County Road 5, south to County Road 47, south to County Road 2, east to the Russell County line); MARENGO; MONROE; PICKENS (north of US Hwy. 82); TALLAPOOSA; and WILCOX counties. Individual property owners in CHAMBERS and COOSA counties may hunt with dogs on their own property without special permit. No dog deer hunting allowed on Open PermitPublic Land (see 220-2-.85).
(ii) By Stalk Hunting Only (No Dogs) : BIBB; PERRY: (that area inside the following boundaries: east of AL Hwy. 219, south of US Hwy. 82 and north of AL Hwy. 183); BUTLER (that area south of AL Hwy. 106 and east of I-65); CHEROKEE; CHILTON; CLEBURNE; COFFEE (that area inside the following boundaries: AL Hwy. 134 from the Covington County Line, east to County Road 460, south to the Geneva County line, east to the Dale County line, north to AL Hwy. 134, west to AL Hwy. 87, north to US Hwy. 84, west to AL Hwy. 189, south to AL Hwy. 141, north to US Hwy. 84, west to the Covington County line); CRENSHAW (north of AL Hwy. 10 and that area inside the following boundaries: from the east city limit of Luverne, US Hwy. 29 east to the junction of County Road 57, County Road 57 south to the junction of Davis Road, Davis Road west to County Road 41, County Road 41 south to US Hwy. 331, US Hwy. 331 north to County Road 41, County Road 41 north to County Road 39, County Road 39 north to the Luverne city limit); DALE (that area inside the following boundaries: Judy Creek south to Dale County Road 36, east to AL Hwy. 27, north to the Henry County line, north to the Barbour County line, west to Judy Creek); DEKALB; ELMORE (that area inside the following boundaries: east of US Hwy. 231, south of AL Hwy. 14, west of Tumkeehatchee Creek and north of the Tallapoosa River); FAYETTE (that area inside the following boundaries: west of US Hwy 43 and north of AL Hwy. 18); FRANKLIN; HALE and PERRY: (that area inside the following boundaries: from Hale County Road 32 at the Hale County Line, west to the intersection of AL Hwy. 25, AL Hwy. 25 north until it intersects with the Talladega National Forest boundary, following the boundary south until it intersects the Perry County line, following the National Forest boundary east to Perry County Road 23, south to the intersection of Perry County Road 29, south to the Spring Hill Church Road, Spring Hill Church Road west to the junction of Perry County Road 23 and AL Hwy. 14, west to the Hale County line); GREENE; PICKENS and TUSCALOOSA: (that area inside the following boundaries: in Pickens County from the intersection of US Hwy. 82 and County Road 63, south on County Road 63 to Benevola, County Road 2 (commonly known as the Romulus Road) east through Greene County to US Hwy. 82 in Tuscaloosa County); HOUSTON; JACKSON; LAMAR; LAUDERDALE; LAWRENCE; LIMESTONE; MADISON; MARION; MARSHALL; MORGAN; RANDOLPH; TUSCALOOSA (that area north of US Hwy. 82); and WINSTON (that area east of AL Hwy. 5 from the Walker County line to Natural Bridge and all that area north of US Hwy. 278).
DOG DEER HUNTING RESTRICTIONS AT A GLANCE
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U.S. CORP OF ENGINEERS LANDS : On U.S. Army Corp of Engineers (USACE) Lands in Alabama, the special muzzleloader, air rifle, and unantlered deer seasons are allowed the same as privately owned or leased lands in those counties, if USACE does not further restrict. Be aware to consult USACE regulations regarding hunting activities and boat ramp use prior to hunting USACE regulated areas. Special Permits from the USACE may be required and some USACE areas are closed to hunting.
For complete information concerning hunting on USACE lands, visit the USACE Mobile District website at the following:
https://www.sam.usace.army.mil/Missions/Civil-Works/Recreation/Hunting/.
U.S. FOREST SERVICE (USFS) :
(i) STALK HUNTING: Same season dates as open permit for county except Wildlife Management Areas - one deer per day.
(ii) DOG DEER HUNTING: No Dogs, except for USFS Lands within Calhoun, Clay, and Talladega counties during the Dog Deer Season on open permit-public lands-on Thursdays and Fridays until 2:00 p.m.; on weekends during legal shooting hours. No dog deer hunting on Monday, Tuesday, or Wednesday of each week unless Christmas Day or New Year's Day falls on a Monday, Tuesday, or Wednesday. No other state or federal holidays are included in this exception. One deer per day.
(iii) NO DOG DEER HUNTING ON THE PINEY WOODS/IVORY MOUNTAIN AREA: The borders of which are defined as follows: bounded by the Cleburne County line to the north running east and west, then to the west by Clay County Road 3 running south to State Route 49; The south border is Clay County Road 66 running east and west from State Route 49 to Hwy 9; The eastern border is Hwy 9 running north from Clay County Road 66 to the Cleburne County line.
(iv) Abandonment of any personal property on National Forest Service Lands (tree stands, hunting blinds, hunting equipment, pets, livestock, pen-raised quail, or other animals) is PROHIBITED. The prohibition (CFR 36. II. 261.10 e) will be enforced by USDA law enforcement personnel.
CHRONIC WASTING DISEASE MANAGMENT ZONE (CMZ): During Deer Gun Season on privately owned or leased land only, two unantlered deer may be taken per day.
(2) TURKEY:
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(a) GOBBLERS ONLY: Limit one per day, four gobbler bag limit during combined fall and spring seasons.
(b) TURKEY SEASON ZONES :
ZONE 1: Autauga; Baldwin; Barbour; Bibb; Blount; Bullock; Butler; Calhoun; Chambers; Cherokee; Chilton; Choctaw; Cleburne; Coffee; Conecuh; Coosa; Crenshaw; Cullman (except north of Lewis Smith Lake and north of Cullman County Road 437 and west of I-65.); Dale; Dallas; DeKalb; Elmore; Escambia; Etowah; Fayette; Geneva; Greene; Hale; Henry; Houston; Jackson; Jefferson; Lamar; Lee; Lowndes; Macon; Marengo; Marion; Marshall; Mobile; Montgomery; Perry; Pickens; Pike; Russell; Shelby; St. Clair; Sumter; Tallapoosa; Tuscaloosa; Walker; Washington; and Wilcox.
| (i) SPECIAL YOUTH HUNT Decoys allowed. | March 22 - 23 | | --- | --- | | (ii) SPECIAL DISABLED HUNT Decoys allowed. | March 24 | | (iii) SPRING SEASON Decoys allowed. | March 25-May 8 April 4-May 8 |
ZONE 2 : Colbert; Cullman (north of Lewis Smith Lake and north of Cullman County Road 437 and west of I-65); Franklin; Lauderdale; Lawrence; Limestone; Madison; Morgan; and Winston.
| (i) SPECIAL YOUTH HUNT Decoys allowed. | March 29 - 30 | | --- | --- | | (ii) SPECIAL DISABLED HUNT Decoys allowed. | March 31 | | (iii) SPRING SEASON Decoys allowed. | April 1-May 8 April 11-May 8 |
ZONE 3: Clarke; Clay; Covington; Monroe; Randolph; and Talladega .
| (i) FALL SEASON (decoys prohibited): | November 16 - November 24 December 14 - December 29 | | --- | --- | | (ii) SPECIAL YOUTH HUNT Decoys allowed. | March 22 - 23 | | (iii) SPECIAL DISABLED HUNT Decoys allowed. | March 24 | | (iv) SPRING SEASON Decoys allowed. | March 25-May 8 April 4-May 8 |
(3) MOURNING and WHITE-WINGED DOVE:
Shooting on opening day in each Zone starts at 12:00 noon until Sunset.
(a) NORTH ZONE: All counties except those listed below in South Zone.
Limit 15 a Day - (90 Days)
| Split Season with Shooting Hours: | | | --- | --- | | 12 o'clock noon until Sunset (Afternoon Shooting Only) | September 7 | | One-half hour before Sunrise until Sunset (All Day) | September 8 - October 20 | | One-half hour before Sunrise until Sunset (All Day) | November 23 - December 1 | | One half hour before Sunrise until Sunset (All Day) | December 14 - January 19 |
(b) SOUTH ZONE: Baldwin; Coffee; Covington; Dale; Escambia; Geneva; Henry; Houston; and Mobile . Limit 15 a Day - (90 days)
| Split Season with Shooting Hours: | | | --- | --- | | 12 o'clock noon until Sunset (Afternoon Shooting Only) | September 14 | | One-half hour before Sunrise until Sunset (All Day) | September 15 - October 27 | | One-half hour before Sunrise until Sunset (All Day) | November 23 - December 1 | | One half hour before Sunrise until Sunset (All Day) | December 14 - January 19 |
(4) BOBWHITE QUAIL : November 2 - February 28
Limit 8 a Day - 8 in Possession
Closed on the Bankhead National Forest
(5) RABBIT : September 14 - March 2
Limit 8 a Day - 8 in Possession
(6) SQUIRREL : September 14 - March 2
Limit 8 a Day - 8 in Possession
Fox squirrel closed on the Bankhead National Forest
(7) RACCOON : No Closed Season
No Bag Limit - Private Owned and Leased Lands Limit 5 per Party
Open Permit-Public Land
May be hunted daytime and nighttime hours.
*No running of dogs on open-permit lands during daytime or after 3:00 am during spring turkey season.
(8) OPOSSUM : No Bag Limit No Closed Season
May be hunted daytime and nighttime hours.
*No running of dogs on open-permit lands during daytime or after 3:00 am during spring turkey.
(9) ALLIGATOR: By Special Limited Quota Permit Only
Must apply on-line at www.outdooralabama.com beginning at 8:00 AM on the first Tuesday in June and ending at 8:00 AM on the second Tuesday of July. Residents and Non-residents who are sixteen (16) years of age or older holding a valid all game or small game Alabama Hunting License may apply for an Alligator Harvest Permit.
(a) West Central Management Area : The private and public waters in Monroe, Clarke and Choctaw Counties (north of US Hwy. 84), Marengo County west of State Highway 28 and South of US Highway 80 , Wilcox , and Dallas Counties.(excluding Choctaw National Wildlife Refuge.) Hunting Hours-Official Sunset to Official Sunrise.
(b) Coastal Management Area : The private and public waters in Baldwin and Mobile Counties that lie South of I-10. Hunting Hours-Official Sunset to Official Sunrise.
(c) Lake Eufaula Management Area: The public Alabama state waters only in the Walter F. George Reservoir (Lake Eufaula) and its navigable tributaries (excluding main channel of the Chattahoochee River), south of 13th Street Bridge (excluding Eufaula National Wildlife Refuge. Hunting Hours-Official Sunset to Official Sunrise.
(d) Southwest Management Area: The private and public waters in Baldwin and Mobile Counties that lie North of I-10 and private and public waters in Washington, Choctaw, Clarke, and Monroe Counties that lie south of US Hwy. 84). Hunting Hours-Official Sunset to Official Sunrise.
Sunset on 2nd Thursday in August - Sunrise on the Sunday immediately following the 2nd Thursday in August Sunset on the 3rd Thursday in August - Sunrise on the Sunday immediately following the 3rd Thursday in August Sunset on the 2nd Thursday in September - Sunrise on the Sunday immediately following the 2nd Thursday in September
(e) Southeast Management Area: The private and public waters in Barbour, Coffee, Covington, Dale, Geneva, Henry, Houston, and Russell Counties (excluding public Alabama state waters in Walter F. George Reservoir (Lake Eufaula) and its navigable tributaries). Hunting Hours-Official Sunset to Official Sunrise.
Sunset on the 2nd Saturday in August - Sunrise on the 1st Monday in September
(10) BOBCAT : No Bag Limit - Daylight Hours Only
No Closed Season
See 220-2-.07 for legal hunting hours.
See tagging requirement under regulation 220-2-.30
Trapping is limited to legal furbearer season.
*No running of dogs on open-permit lands during daytime or after 3:00 am during spring turkey season.
Note: Permit may be obtained through the local district office for the trapping of nuisance furbearers outside the dates of trapping season.
(11) COYOTE : No Bag Limit - Daylight Hours Only
No Closed Season
See 220-2-.07 for legal hunting hours.
Trapping by landowner or his/her agent.
*No running of dogs on open-permit lands during daytime or after 3:00 am during spring turkey season.
(a) PRIVATELY OWNED AND LEASED LANDS:
Special Nighttime Season
No Bag Limit - May be hunted during nighttime hours only.
*Begins 12:00 am on the day after the last day of Gun Deer Season in that Zone and ends 30 minutes prior to sunrise on the opening day of Archery Deer Season in that Zone.
Must have a valid annual resident or nonresident nighttime feral swine and coyote hunting license.
Additional license may be required.
Note: Landowner(s) or his/her official agent may obtain a permit through the local district office for nuisance control hunting outside of the dates of deer gun season.
(12) FERAL SWINE: No Bag Limit - Daylight Hours Only
No Closed Season
See 220-2-.07 for legal hunting hours.
Upon capture, it shall be unlawful to release any live feral swine.
See regulation 220-2-.86.
Trapping by landowner or his/her agent.
(a) PRIVATELY OWNED AND LEASED LANDS - DOGS ONLY :
Special Nighttime Season May 10 - August 31
No Bag Limit - May be hunted nighttime hours only Dogs only - no firearms allowed.
(b) PRIVATELY OWNED AND LEASED LANDS :
Special Nighttime Season
No Bag Limit - May be hunted during nighttime hours only.
*Begins 12:00 am on the day after the last day of Gun Deer Season in that Zone and ends 30 minutes prior to sunrise on the opening day of Archery Deer Season in that Zone.
Must have a valid annual resident or nonresident nighttime feral swine and coyote hunting license.
Additional license may be required.
Note: Landowner(s) or his/her official agent may obtain a permit through the local district office for nuisance control hunting outside of the dates of deer gun season.
(13) FOX : No Bag Limit No Closed Season
May be hunted daytime and nighttime hours.
Nighttime hours with dogs only. See Trapping for more information.
*No running of dogs on open-permit lands during daytime or after 3:00 am during spring turkey season.
Note: Permit may be obtained through the local district office for the trapping of nuisance furbearers outside the dates of trapping season.
(14) BEAVER, NUTRIA, AND GROUNDHOG: No Closed Season
No Bag Limit - Daylight Hours Only
(15) STARLINGS, CROWS, AND HOUSE SPARROWS: No Closed Season
No Bag Limit - Daylight Hours Only
(16) BEAR, MOUNTAIN LION, AND RUFFED GROUSE: No Open Season
(17) WOODCOCK : Limit 3 a Day
December 7 - December 8
December 14-January 25
Shooting Hours - One-half hour before Sunrise to Sunset.
Note: Contingent upon federal register
(18) SNIPE : Limit 8 a Day November 9 - February 23
Shooting Hours - One-half hour before Sunrise to Sunset.
Note: Contingent upon federal register
(19) CLAPPER RAIL, KING RAIL, VIRGINIA RAIL, SORA, AND GALLINULE :
Limit 15 a Day September 14 - September 29
November 29 - January 21
Shooting Hours - One-half hour before Sunrise to Sunset.
Note: Contingent upon federal register
(20)
SANDHILL CRANE: November 29-January 5
January 13-January 26
By Limited Quota Permit only. Must apply online at www.outdooralabama.com. Only residents and Lifetime Hunting License holders of the State of Alabama who are sixteen (16) years of age or older and in possession of a valid hunting license (license not required for individuals over the age of 64) may apply for a Sandhill Crane Permit. There is no fee to apply for a permit. There is a $20 fee to accept the Sandhill Crane Permit in addition to a small processing fee.
Hunting Zone will be that area North of Interstate 20 from the Georgia state line to the interchange with Interstate 65, then East of Interstate 65 to the interchange with Interstate 22, then North of Interstate 22 to the Mississippi state line. Excludes the remainder of the state.
Limit 3 per person per permit. Shooting Hours: Sunrise to Sunset.
Legal arms and ammunition are same as waterfowl.
(21) BULLFROG AND PIG FROG: No Closed Season
Limit 20 frogs in aggregate per person from 12 Noon to 12 Noon the following day.
May be hunted daytime or nighttime hours.
History
FULLY AUTOMATIC FIREARMS PROHIBITED.
(1) GENERAL PROHIBITIONS :
(a) It shall be unlawful for any person to use any method or have in their possession any weapon or ammunition contrary to this regulation while hunting or attempting to hunt game birds and animals or other species provided for herein unless expressly provided for by duly enacted laws of the State of Alabama.
(b) It shall be unlawful for any person to refuse to submit firearms and ammunition or any device, instrument or accessory used in hunting to Conservation Enforcement Officers for inspection.
(c) Legally blind hunters may use laser sighting devices to take game, subject to all other regulations, if the following conditions are met:
The person is accompanied by a sighted person who is a member of the immediate family or at least 16 years of age.
The sighted person possesses proof of a current hunting license, or legal exemption (under no circumstances shall the sighted person be a holder of a "supervision required" license).
The sighted person shall not discharge any gun or bow with laser sighting device.
The legally blind person possesses the appropriate hunting license and proof of impairment (a physician's signed statement or equal).
"Legally blind", as used in this regulation, shall mean central vision that does not exceed 20/200 in the better eye with corrective lenses or a visual field that subtends an angle no greater than 20 degrees.
(2) DEER :
(a) Archery Season
(b) Special Muzzleloader and Air Rifle Season
Muzzleloaders
Pre-charged pneumatic air powered guns, .30 caliber or larger.
Pre-charged pneumatic arrow shooting rifles using an arrow equipped with a broadhead which has a minimum cutting diameter of 7/8 inch and 2 sharpened edges.
(c) Gun Deer Season
Rifles using centerfire, mushrooming ammunition.
Pre-charged pneumatic air powered guns, .30 caliber or larger.
Pre-charged pneumatic arrow shooting rifles using an arrow equipped with a broadhead which has a minimum cutting diameter of 7/8 inch and 2 sharpened edges.
Shotguns, 10 gauge or smaller using buckshot, slugs, or single round ball.
Muzzle-loaders and Black Powder Handguns--.40 caliber or larger.
Long bows, compound bows, or crossbows in conformance with 220-2-.03.
(3) TURKEY :
(a)
Shotguns, 10 gauge or smaller using standard No. 2 shot or smaller.
Muzzleloader shotguns, 10 gauge or smaller using standard No. 2 shot or smaller.
Long bows, compound bows, or crossbows in conformance with 220-2-.03.
Pre-charged pneumatic arrow shooting rifles using an arrow equipped with a broadhead which has a minimum cutting diameter of 7/8 inch and 2 sharpened edges.
(b) Nothing in this section is intended to prohibit the possession of rifles, shotgun/ rifle combinations (drilling) or buckshot and slugs when the hunter is stalk hunting both deer and turkey provided no person shoots or attempts to shoot turkey with the rifle or shotgun using buckshot or slugs.
(4) MIGRATORY BIRDS :
(a) Shotguns, 10 gauge or smaller, plugged with a one piece filler incapable of removal without disassembling the gun or otherwise incapable of holding more than 3 shells using standard No. 2 shot or smaller, except waterfowl must be hunted with steel shot or other shot compositions and shot sizes that are approved by the U.S. Fish and Wildlife Service.
(b) Waterfowl hunters shall not possess any other size shot or size lead shot.
(c) Long bows, compound bows, or crossbows.
(d) Raptors by properly permitted falconers.
(5) RACCOON & OPOSSUM :
(a) Nighttime hunting-Shotguns using No. 6 shot or smaller; .22 caliber rimfire firearms.
(b) Daytime hunting - See "(7) OTHER GAME BIRDS OR ANIMALS".
(6) BOBCAT, GROUNDHOG, UNPROTECTED WILDLIFE, FOX, COYOTE & FERAL SWINE :
(a) Rifles of any caliber.
(b) Handguns or pistols.
(c) Shotguns, 10 gauge or smaller
(d) Pre-charged pneumatic air powered guns, .25 caliber or larger.
(e) Long bows, compound bows, or crossbows.
(f) Muzzleloaders and black powder handguns of any caliber.
(g) Pre-charged pneumatic arrow shooting rifles using an arrow equipped with a broadhead which has a minimum cutting diameter of 7/8 inch and 2 sharpened edges.
(h) Spear or sharpened blade.
(i) Raptors by properly permitted falconers
(7) OTHER GAME BIRDS OR ANIMALS :
(a) Rifles using rimfire ammunition or those operated by air.
(b) Muzzleloaders and black powder handguns of any caliber.
(c) Long bows, compound bows, or crossbows.
(d) Shotguns, 10 gauge or smaller, using standard No. 4 shot or smaller.
(e) Handguns or pistols.
(f) Blowguns using darts propelled by the hunter's breath only.
(g) Sling shots.
(h) Raptors by properly permitted falconers
(8) BULLFROG and PIG FROG:
(a) Air powered rifles .25 caliber or smaller
(b) Gig or spear
(c) Long bows, compound bows, or crossbows
(d) Hand or dip net
(9) Falconry:
(a) For the purpose of permitting the practice of falconry as a legal means of taking game in Alabama, and for no other purpose, live migratory birds of the order Falconiformes, the order Accipitriformes (other than the bald eagle, Haliaeetus leucocephalus), and the order Strigiformes, are hereby designated as game birds.
(b) As used in this regulation, the word:
" Raptor " means a live migratory bird of the order Falconiformes, the order Accipitriformes [other than the bald eagle (Haliaeetus leucocephalus)], or of the order Strigiformes.
" Take " means to trap or capture, or attempt to trap or capture, a raptor for the purpose of falconry.
" Falconry " means the sport of taking quarry by means of a trained raptor.
" Service " means the U. S. Fish and Wildlife Service, U.S. Department of Interior.
" Commissioner " means the Commissioner of the Department of Conservation and Natural Resources.
" Department " means the Alabama Department of Conservation and Natural Resources.
" Division " means the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources.
(c) An applicant who wishes to practice falconry in Alabama must submit a request for an application to practice falconry along with a non-refundable $50.00 fee to the Commissioner. If a permittee desires to renew his permit an additional $50.00 fee shall be due with each renewal request.
(d) A falconry permit is required before any person may take, transport, or possess wild-taken or captive bred raptors for falconry purposes. The use for falconry or the possession of any raptor species not covered by the Federal Falconry Regulations and listed above is controlled by these regulations.
Every permit issued shall be subject to the following special conditions:
A permittee may not take, transport, or possess any species designated as endangered by the State unless authorized in writing by the Commissioner.
A permittee may not sell, purchase, barter, or offer to sell, purchase, or barter any raptor unless the raptor is marked on the metatarsus by a seamless, numbered band supplied by the Service.
A permittee may not propagate raptors without prior acquisition of a valid raptor propagation permit issued under Federal Regulation 50 CFR 21.30.
A permittee may not take, possess or transport a raptor in violation of restrictions, conditions, and requirements of the State Falconry Permit Regulations or Federal regulations listed in 50 CFR, Part 21 (https://www.ecfr.gov/current/title-50/chapter-I/subchapter-B/part-21/subpart-C/section-21.82).
A permittee must report the take, loss, or transfer of a falconry bird within five days by entering the required information in the electronic database at https://epermits.fws.gov/falcP or by submitting a paper form 3-186A to the State falconry permit administrator.
(e) A permit or the renewal of a permit is valid when issued by the State and expires on August 31 of the third calendar year after it is issued, unless a different period is specified on the permit or renewal. A fee of $50.00 shall be required with each renewal.
(f) Three classes of falconry permits shall be issued. These include:
(i) A permittee shall be at least 12 years old; if under 18 years of age, a parent or legal guardian must sign permittee application and is legally responsible for activities of the permittee.
(ii) A sponsor who is a holder of a General or a Master Falconry Permit is required for the first two years in which an apprentice permit is held, regardless of the age of the permittee. A sponsor may not have more than three apprentices at one time; General Falconry Permit holder must have at least two years' experience at General Class level to sponsor.
(iii) A permittee shall not possess more than one raptor and may not obtain more than two raptors during a calendar year;
(iv) A permittee shall possess only the following raptors, less than 1 year old but not nestlings, which must be taken from the wild by the apprentice: a red-tailed hawk (Buteo jamaicensis), or a redshouldered hawk (Buteo lineatus).
(i) A permittee shall be at least 16 years old; if 16 or 17 years of age, a parent or legal guardian must sign permittee application and is legally responsible for activities of the permittee.
(ii) A permittee shall have at least two years' experience in the practice of falconry at the apprentice level or its equivalent; including maintaining, training, flying, and hunting the raptor(s) for at least 4 months in each year, and submit a document from a General or Master class falconer (preferably the sponsor) stating such experience;
(iii) A permittee may not possess more than three raptors and may not obtain more than two raptors taken from the wild during a calendar year;
(iv) A permittee may not take, transport, or possess any golden eagle or any species listed as threatened or endangered by the Service or any species listed as endangered by the State except as provided by the Federal and State Falconry Permit Regulations.
(i) An applicant shall have at least five years' experience in the practice of falconry at the general class level or its equivalent;
(ii) A permittee may not possess more than five wild raptors, and may not obtain more than two raptors taken from the wild during a calendar year;
(iii) A permittee may not take, transport or possess any species listed as endangered by the Service or any species listed as endangered by the State except as provided by the Federal and State Falconry Permit Regulations;
(g) Before any falconry permit is issued, the applicant shall be required to answer correctly at least 80 per cent of the questions on a supervised examination approved by the Service relating to the basic biology, care, and handling of raptors, literature, laws, regulations, and other appropriate subject matter. An opportunity for retaking the examination shall be provided in the event of failure.
(h) Before any falconry permit is issued, the applicant's raptor housing facilities and falconry equipment shall be inspected and certified by a representative of the Division of Wildlife and Freshwater Fisheries as meeting the following standards:
(i) Indoor facilities (mews) shall be large enough to allow easy access for caring for raptors housed in the facility. If more than one raptor is to be housed in the facility, the raptor shall be tethered or separated by partitions and the area for each bird shall be large enough to allow each bird to fully extend its wings. There shall be at least one window, protected on the inside by vertical bars, spaced narrower than the width of the bird's body and a secure door that can be easily closed. The floor of the mews shall permit easy cleaning and shall be well drained. Adequate perches shall be provided;
(ii) Outdoor facilities (weathering area) shall be fenced and covered with netting or wire or roofed to protect the birds from disturbance and attack by predators. The enclosures shall be wide enough to ensure that the birds wings shall not strike the fence when flying from the perch. Protection from excessive sun, wind, and inclement weather shall be provided for each bird. Adequate perches shall be provided with at least one perch covered to protect a raptor from the weather.
(i) Jesses - At least one pair of Aylmeri jesses of pliable leather or suitable synthetic material to be used when any raptor is flown free. Traditional type one-piece jesses may be used on raptors when not being flown; and
(ii) Leashes and Swivels - At least one flexible, weather resistant leash and one swivel of acceptable falconry design; and
(iii) Bath Container - At least one container, 2 to 6 inches deep and wider than the length of the raptor, for drinking and bathing for each raptor; and
(iv) Outdoor Perches - At least one weathering area perch of an acceptable design shall be provided for each raptor; and
(v) Weighing Device - A reliable scale or balance suitable for weighing the raptor and graduated in increments of not more than 1/2 ounce (15 grams) shall be provided.
Transportation - Temporary Holding - Temporarily, a raptor may be transported or held in temporary facilities, which shall be provided with an adequate perch and protection from extreme temperatures and excessive disturbance for a period not to exceed 120 days.
(i) Special restrictions are as follows:
(I) Young raptors not yet capable of flight (eyasses) may only be taken by General or Master Falconry Permit holder, and no more than two eyasses may be taken by the same permittee during one calendar year;
(II) First year passage raptors may be taken during
(III) Only American Kestrels (Falco sparverius) and great horned owls (Bubo virginianus) may be taken when over one year old, except that any raptor other than endangered or threatened species taken under a depredation (or special purpose) permit may be used for falconry by General or Master Falconry Permit holders;
(IV) A number of permits for the trapping of passage peregrin falcons ( Falco peregrinus) in Alabama will be made available by the Service annually; Alabama General and Master Class falconry permit holders are eligible to apply for a permit for the take of passage peregrine falcons in the state.
(V) A raptor wearing falconry equipment may be retrapped at any time.
(j) Another person may care for the birds of a permittee if written authorization from the permittee accompanies the birds when they are transferred. If that period of care will exceed 45 days, the permittee shall inform the Division's falconry permit administrator within three days of the transfer, of the reason for the transfer, where the birds are being held, who is caring for them, and approximately how many days they will be under the care of the second person.
(k) Feathers that are molted or those feathers from birds held in captivity that die, may be retained and exchanged by permittees only for imping purposes. Feathers of golden eagles not retained for imping purposes shall be sent to the National Eagle Repository.
(l) Non-transfer, interstate import and export conditions:
Non-residents of the State which are permit holders from States which are recognized as falconry states by the Service may transport into Alabama raptors for personal falconry use (i.e. Falconry Meets, etc.) provided the laws and regulations concerning hunting and falconry are observed;
Residents of the State who are falconry permittees may transport their raptors into other states which are recognized by the Service as falconry states for personal falconry use provided hunting and falconry laws and regulations are observed.
This section does not prevent the importation, exportation, or exchange between permittees of legally acquired raptors taken from the wild or produced by captive propagation, if the permittees who import, export, or exchange raptors notify the Department in writing and as provided for elsewhere within these regulations.
(m) Permittees holding the proper licenses may hunt, pursue and kill game birds and game animals during any of the established hunting seasons in accordance with existing regulations under the following provisions:
Persons desiring to hunt with raptors must obtain proper hunting licenses along with proper falconry permits before attempting to take game birds and game animals;
Persons hunting with raptors may hunt, pursue and kill game birds and game animals as follows:
(i) Migratory game birds - during the gun seasons for birds pursued.
(ii) Resident game birds and animals - from the opening date of the gun season for the species pursued through March 31.
A permittee, whose hunting raptor accidentally kills game that is out of season or of the wrong species or sex, shall leave the dead quarry where it lies, except that the raptor may feed upon the quarry prior to leaving the site of the kill.
Regular season bag limits for migratory game birds do not apply to falconry. Falconry bag limits shall not exceed 3 birds for all migratory game birds in the aggregate, whether or not an extended season is selected. Regular season bag limits for resident game birds and animals shall apply to falconry.
(n) It shall be lawful for a nonresident to take or attempt to take raptors from the wild in Alabama, subject to the same restrictions and limitations as apply to resident permit holders, if the nonresident has a valid general or master level falconry permit from such person's state of residence, a valid Alabama nonresident hunting license, and if such person's state of residence provides the same privileges to residents of Alabama.
(o) Violation of this regulation or federal regulation is just cause for revocation of permits by the Department.
History
(1) A legal bow for hunting is defined as either a long bow, a recurve bow, a compound bow or a crossbow.
(2) It shall be unlawful, except as otherwise provided by law or regulation, for any person to hunt deer and turkey with bow and arrows that are not in conformance with the following specifications:
(a) Bows must have a minimum peak tension (within the user's normal draw length) of 30 pounds. Crossbows must have a minimum peak tension of 85 pounds at normal draw length.
(b) Arrows shall be equipped with a broadhead which has a minimum cutting diameter of 7/8 inch and 2 sharpened edges.
(3) Crossbows must be equipped with a working safety.
(4) There shall be no electronic or electrically assisted devices attached to the bow, except:
(a) Illuminated sight pins/beads/markings,
(b) sights with magnification on crossbows, or
(c) laser type range finders with computational capabilities.
History
(1) Resident Game Birds: Bobwhite Quail, Ruffed Grouse, Wild Turkey.
(2) Migratory Game Birds: Wild Duck; Wild Goose; Brant; Virginia, King, and Clapper Rail; Sora; Coot; Wilson Snipe; Woodcock; Mourning and White-Wing Dove; Gallinule; Merganser; and Sandhill Crane.
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Legal hunting hours for game birds during the open season shall be daylight hours only, except as otherwise provided by law or regulation.
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The following animals are hereby designated as game animals: Bear, Beaver, Coyote, Deer, Opossum, Eastern Cottontail and Swamp Rabbit, Raccoon, Squirrel, Nutria, Fox, Mountain Lion (Cougar), Groundhog, Bobcat, Red Wolf, Feral Swine (Wild Hog or Wild Pig), and Alligator.
History
It shall be unlawful to hunt all protected animals during nighttime hours except as otherwise provided by law or rule promulgated by the Commissioner of Conservation and Natural Resources. Legal hunting hours for all game animals during the open season for same shall be daylight hours only, except fox may be hunted during nighttime hours with light and dogs only, and raccoon and opossum may be hunted during nighttime hours with the use of a light and legal arms and ammunition as provided in rule 220-2-.02 when hunter or hunters are accompanied by dog or dogs free of leash.
History
It is hereby made lawful to run raccoon, opossum, squirrel, and rabbit with dogs during the closed gun season on raccoon, opossum, squirrel, and rabbit by licensed hunters, provided, however, that under no circumstances shall anyone take, kill or have in his possession any raccoon, opossum, squirrel, or rabbit, or possess any device that could aid in capturing or killing other than light in conjunction with the running of raccoon, opossum, squirrel, and rabbit as permitted under this regulation during the closed gun season. Provided, further, that deer may be run with dogs only from the period October 1 until the opening of gun deer season incounties having a scheduled gun dog deer season. In addition it is also provided further that each cast participating in a raccoon night hunt field trial having a permit issued pursuant to Rule 220-2-.17 may possess one raccoon squaller during the closed season on raccoons. Nothing in this regulation prohibits the possession of handguns by lawfully authorized persons for personal protection, provided the hangings are not used to hunt or take or to attempt to take wildlife in violation of law.
History
History
It shall be unlawful for any person to possess both gun and bow while hunting any species of game, bird or animal, except during and in areas of the either sex gun deer season. This prohibition shall not apply to the possession of handguns by lawfully authorized persons for their personal protection, provided the handguns are not used to hunt or take or to attempt to take wildlife except as otherwise provided by law or regulation.
History
(1) It shall be unlawful to concentrate, drive, rally, molest or to hunt, take, capture or kill or attempt to hunt, take, capture or kill any bird or animal from or by the aid of:
(a) Any automobile, motorcar, aircraft, train, motorboat, sailboat or any type mechanically propelled device, or any other device being operated in conjunction with any of the above-mentioned devices of transportation. Provided, however, that nothing in this regulation shall prevent hunting from a floating craft (except a sinkbox), including those propelled by motor, sail and wind, or both, when the motor of such craft has been completely shut off and/or the sails furled, as the case may be, its progress therefrom has ceased, and it is drifting, beached, moored, resting at anchor, or it is being propelled by paddle, oars or pole, and provided further that nothing in this regulation shall prevent the taking of game birds and game animals from any stationary motor vehicle or stationary motor driven land conveyance provided any forward motion is ceased and engine is shut off. Nothing in this regulation allows the hunting, taking or killing or attempting to hunt, take or kill any bird of animal from any vehicle on a public road.
(b) Any electrically amplified turkey, dove or waterfowl calls or sound whether real or imitation. Nothing in this regulation shall prevent the use of electrically amplified crow calls. The possession of any electrical device and/or records capable of producing real or imitation turkey, dove or waterfowl calls of any type in the woods, field, or on the waters of this State shall be a violation of this regulation.
(c) Fire or smoke whether man-made or natural.
(d) Any live decoys, except when hunting unprotected birds or animals, provided that banded live pen raised quail may be used in a recovery pen as a call bird when such recovery pen is used to recover pen raised quail as provided for in Regulation 220-2-.16.
(e) It shall be unlawful for any person while engaged in hunting turkey in this State to use or have in his possession a decoy which has mechanical or electronic parts which makes the decoy capable of movement or producing sound or which can be manipulated to produce movement or sound. Mechanical parts include, but are limited to, decoys attached to weapons or handheld and manipulated to produce movement such as fanning or reaping. It is further provided, however, that no turkey decoys shall be lawful except during spring turkey season in the area of use.
(f) From floodwater. It shall be a violation of this regulation to hunt or attempt to hunt or take any species of resident bird or animal taking refuge in, swimming through, flying over, or resting in a tree, bush, or log standing or floating in any floodwaters or backwaters or taking refuge on any island less than forty acres in size created by any such flood or backwaters. Provided, however, that nothing in this regulation shall prevent the taking of migratory waterfowl from such areas.
(g) Any area where feeding has taken place, until all the feed has been removed or consumed for at least 10 days prior to such hunting, except those in possession of a current bait privilege license hunting white-tailed deer or feral swine on privately owned or leased lands.
(h) Gasoline or any noxious chemical or gaseous substance to drive wildlife from their burrows, dens, or retreats.
(i) It shall be unlawful to possess fully automatic firearms while hunting any species of wildlife.
(2) It shall be unlawful for any person to hunt with a bow or gun that has a light source attached that is capable of casting a beam of light (including a laser sight) forward of said bow or gun or to possess such a light source adapted for attachment to said bow or gun while hunting except for laser type range finders with computational capabilities; or as provided by Rule 220-2-.02(1)(c) for conditional use of laser sighting devices by legally blind hunters; or when the person possesses a current nighttime feral swine and coyote license and is hunting those species during the date of the established special nighttime feral swine and coyote hunting season.
(a) It shall be unlawful to possess any equipment that uses electronics to increase the ability to see in the dark (night vision/thermal equipment) while hunting any species of wildlife, both protected or unprotected species except for persons possessing a current nighttime feral swine and coyote license, hunting those species during dates of the established special nighttime feral swine and coyote hunting season."
History
Pursuant to the Code of Ala. 1975, Sections 9-11-85 and 9-11-259, which provided in effect that all game birds, animals or fish taken or killed in this State must at all times be carried or transported openly and that all game birds, animals or fish carried or transported in an illegal manner shall be confiscated and disposed of under regulations by the Commissioner; any live box, holding box, game bag, hunting coat, camping equipment, or like receptacles, or any automobile or boat used for the carrying or holding of any fish, game birds, or game animals or any gun or fishing tackle used in hunting or fishing shall be subject to inspection by officers of the Department of Conservation and Natural Resources at all times upon proper identification of said officer. Any person who refuses to allow inspection of the above named articles shall be in violation of this regulation and shall be punished as provided by law.
Author: John W. Hodnett
History
It shall be illegal for any person, firm, or corporation to kill or cripple any species of game bird, game animal or game fish without making a reasonable effort to retrieve same and include it in his daily bag or creel limit. Nothing in this regulation permits or requires a person to enter upon the land or waters of another for the purpose of retrieving game or fish without the permission of the landowner.
Author: Richard C. Liles
History
History
It is hereby made unlawful for any person who kills, captures, or possesses a deer or wild turkey, in order to evade or attempt to evade any law or regulation, to destroy or attempt to destroy the evidence of sex, or to mutilate the carcass of such deer or wild turkey so as to make the determination of the legal status of the deer or turkey uncertain. Nothing in this regulation is intended to prevent any person from dressing for consumption any deer or wild turkey which has been killed legally. This regulation is designed to prohibit the killing or capturing of illegal deer and wild turkey hens.
Author:
History
(1) Any licensed dog trainer may train bird dogs and any licensed hunter may train his/her own bird dog during the closed hunting season. Any licensed dog trainer and any licensed hunter may train his/her bird dogs with the aid of a recovery pen to recover the pen raised quail used in training bird dogs, provided that all pen raised quail used shall be banded and any unbanded birds taken in the recovery pen shall be immediately released.
(2) Under no circumstances, however, shall such training be accomplished or allowed with the use of a gun during the closed hunting season other than as outlined below. Such trainer or owner may train such dogs by using a pistol loaded with blanks only. The training of bird dogs through the use of shotguns and live ammunition shall be allowed at any time of the year, provided that such training be restricted to a specific location predesignated to and approved by the Conservation Officer assigned to the area where the training is to take place; that the dogs are controlled in a manner restricting them to the specified training area; that only unprotected birds be involved; and that written permission for such training be obtained from said Conservation Officer assigned to such area.
History
It shall be unlawful for any resident or nonresident of this State to participate in any organized field trial without a hunting license unless approved in writing by the Department of Conservation and Natural Resources and conducted pursuant to a valid permit from the Department. In the process of such organized field trial events, no guns using live ammunition shall be used nor shall any game animals or birds be taken or killed. Further, during the course of approved hunting dog field trials (which trials shall only be conducted pursuant to possession of a valid permit from the Department of Conservation and Natural Resources), only properly marked pen-raised quail or mallard ducks may be shot. Provided the organization receives a permit as provided for herein, the shooter, or person bearing the gun, will not be required to have a hunting license. Only one person at a time may possess a gun during the course or stations of a permitted field trial where such quail or ducks will be shot. An organized field trial permit where such quail or ducks are taken will only be issued for a predesignated marked course or hunting dog trial stations. Approval of the local conservation officer (or Commissioner's designee) will be required prior to the issuance of a hunting dog field trial permit where such quail or ducks are to be taken. Permits for organized field trials will be limited to three permits per organization per year and will only be issued for periods from September 1 through May 15. These date restrictions do not apply to raccoon or fox field trails. An administrative fee of Fifty Dollars ($50) will be required for each permit to cover the Department's costs associated with organized field trial activities. Applicants will be required to submit the name of the organization, name of the organization's manager, driver's license and social security numbers and date of birth of the organization's manager, as well as additional addresses, phone numbers, and e-mail addresses. Applicants will also be required to provide the physical address or GPS coordinates of the location of the field trial, and the date and type of the field trial event. Organized fields trials on Wildlife Management Areas and Open Permit-Public Land (as defined in rule 220-2-.85(2)), such as national forests lands, will not be approved under field trial permits. Notwithstanding the foregoing, organized field trials may be held at the Barnett Lawley Field Trial Facility managed by the State Lands Division.
History
It shall be unlawful to take or attempt to take or have in possession more than the daily bag limit of any game bird, game or furbearing animals except as listed in numbers (1) and (2) of this rule.
(1) Possession limit does not apply on deer and/or turkey provided not more than the daily bag limit on deer and/or one (1) turkey is taken on any one day.
(2) Possession limit of one day bag does not apply on legally taken game birds or game animals after they have been processed and stored in a cooler or freezer at one's residence or at a commercial processing plant.
History
History
The hunting, taking, killing, capturing or having in possession of any wild bird or animal in any state park, state forest, forest fire tower area, or any state or federal game sanctuary, except Geneva State Forest Choccolocco Corridor, Lawrence Fire Tower area and Wheeler Wildlife Refuge, is hereby prohibited.
Author:
History
No person shall take, carry, or possess any firearms or bow of any description whatsoever (except handguns possessed by lawfully authorized persons for personal protection) in any state sanctuaries established as a sanctuary by Rule 220-2-.22; provided, however, that this rule shall not apply to the possession of firearms by State Conservation Officers, state or county enforcement officers, or federal agents, when they are on active duty in the performance of their duties in the enforcement of the laws of this State.
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(1) The areas and refuges described in paragraph (2) hereof are hereby established as "wildlife management areas." The boundary lines of these areas and refuges shall be as they are described on the revised maps attached hereto and made a part hereof as though set out herein in full.
(2) The names and counties of these areas and refuges are as follows: Charles D. Kelley - Autauga County Wildlife Management Area (Autauga); Barbour Wildlife Management Area (Barbour, Bullock); Black Warrior Wildlife Management Area (Winston, Lawrence); Blue Spring Wildlife Management Area (Covington); Boggy Hollow Wildlife Management Area (Covington); William R. Ireland, Sr. - Cahaba River Wildlife Management Area (Bibb, Shelby); Choccolocco Wildlife Management Area (Cleburne, Calhoun); Coosa Wildlife Management Area (Coosa); Crow Creek Management Area (Jackson); David K. Nelson Wildlife Management Area (Sumter, Greene, Hale, Marengo); Freedom Hills Wildlife Management Area (Colbert); Geneva State Forest Wildlife Management Area (Geneva, Covington); Grand Bay Savanna Community Hunting Area (Mobile); Hollins Wildlife Management Area (Talladega, Clay); James D. Martin - Skyline Wildlife Management Area (Jackson); Lauderdale Wildlife Management Area (Lauderdale); Little River Wildlife Management Area (DeKalb, Cherokee); Lowndes Wildlife Management Area (Lowndes); Mallard-Fox Creek Wildlife Management Area (Morgan, Lawrence); Mud Creek Management Area (Jackson); Mulberry Fork Wildlife Management Area (Walker, Tuscaloosa); Oakmulgee Wildlife Management Area (Bibb, Perry, Hale, Tuscaloosa); Perdido River Wildlife Management Area (Baldwin); Raccoon Creek Management Area (Jackson); Red Hills Wildlife Management Area (Monroe); Riverton Community Hunting Area (Colbert); Sam R. Murphy Wildlife Management Area (Lamar, Marion); Seven Mile Island Wildlife Management Area (Lauderdale); Swan Creek Wildlife Management Area (Limestone); Upper Delta Wildlife Management Area (Baldwin, Mobile); W. L. Holland and Mobile-Tensaw Delta Wildlife Management Areas (Baldwin, Mobile); Forever Wild Gothard - AWF Yates Lake Wildlife Management Area (Elmore); North Sauty Refuge (Jackson); Coon Gulf Tract (Jackson); Crow Creek Refuge (Jackson); Crow Creek Special Opportunity Area (Jackson); Martin Community Hunting Area (Tallapoosa); Blackwater River Special Opportunity Area (Baldwin); Cedar Creek Special Opportunity Area (Dallas); Choctaw National Wildlife Refuge Special Opportunity Area (Choctaw); Uchee Creek Special Opportunity Area (Russell); Fred T. Stimpson Special Opportunity Area (Clarke); Portland Landing Special Opportunity Area (Dallas); Prairie Glades Special Opportunity Area (Montgomery); Thigpen Hill Special Opportunity Area (Butler); Upper State Special Opportunity Area (Clarke); and Little River State Forest Special Opportunity Area (Monroe).
(3) In addition, the following Federal refuges exist in the State of Alabama: Cahaba River National Wildlife Refuge (Bibb); Choctaw National Wildlife Refuge (Choctaw); Eufaula National Wildlife Refuge (Barbour); Mountain Longleaf National Wildlife Refuge (Calhoun); Wheeler National Wildlife Refuge (Morgan, Limestone, Madison); Bon Secour National Wildlife Refuge (Baldwin, Mobile); Grand Bay National Wildlife Refuge (Mobile); Key Cave National Wildlife Refuge (Lauderdale); Watercress Darter National Wildlife Refuge (Jefferson); Fern Cave National Wildlife Refuge (Jackson); and Sauta Cave National Wildlife Refuge (Jackson). The boundary lines and areas for these refuges are established by Federal authorities.
(4) Rule No. 220-2-.22, as previously promulgated, is hereby expressly repealed.
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Every person hunting, trapping or fishing in the State, who is required by law to have a hunting, fishing or trapping license and migratory bird hunting stamp, must have said license or licenses in his or her possession at all times. When hunting, fishing or trapping, and such license or licenses must be presented for inspection to any authorized officer of the Department of Conservation and Natural Resources upon demand.
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It shall be a violation of this regulation to have in possession the carcass, untanned hide, or skin of any bird or animal, or any part of said bird or animal if it has been taken, caught or killed in violation of the laws and regulations of this State. It shall be unlawful to have in possession any freshly killed bird or animal protected by law or regulation of this State except during the open season for the taking of same.
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(1) All wildlife game or fur-bearing animals, game birds, or the dead bodies or parts thereof transported into the State of Alabama from any other state, territory or foreign country for use, consumption, sale or storage in the State of Alabama shall, upon arrival, be subject to the operation and effect of the laws and regulations of the State of Alabama enacted in the exercise of its police powers to the same extent and in the same manner as though such animals or birds had been produced or taken in the State of Alabama.
(2) The importation of body parts and/or the possession of imported body parts of any member of the family Cervidae is prohibited from all states, territories, or possessions of the United States of America. Importation of body parts and/or the possession of imported body parts is also prohibited from all foreign countries. The family Cervidae includes but is not limited to white-tailed deer, mule deer, elk, moose, caribou, fallow deer, axis deer, sika deer, red deer, and reindeer.
(3) This regulation shall not apply to importation or possession of: meat from the species listed in (2) above that has been completely deboned; cleaned skull plates with attached bare antlers, if no visible brain or spinal cord tissue is present; unattached bare antlers or sheds; raw capes, if no visible brain or spinal cord tissue is present; upper canine teeth, if no root structure or other soft tissue is present; and finished taxidermy products or tanned hides.
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(1) No person, firm, corporation, partnership, or association shall possess, sell, offer for sale, import, bring, release, or cause to be brought or imported into the State of Alabama any of the following live fish or animals:
Any Walking Catfish or any other fish of the genus Clarias;
Any Piranha or any fish of the genera Serrasalmus, Pristobrycon, Pygocentrus, Catorprion, or Pygopristus;
Any Nile Perch, Asian Seabass, Barramundi, or any fish from the genus Lates or Macquaria;
Any Giant African Snail or Giant African Land Snail (Lissachtina fulica or Achatina fulica);
Any Black Carp of the genus Mylopharyngodon;
Any species of sturgeon not native to Alabama;
Any species of Chinese perch (Siniperca spp.);
Any species of Snakehead fish from the family Channidae (Chamui spp.);
Any species of Mud carp (Cirrhinus spp.);
Any species of fish "rudd" (Scardinius erythrophthalmus) or "roach" (Rutilus rutilus) or any hybrids of either species; Zander (Sander lucioperca);
European Perch (Perca fluviatilis)
Eurasian Minnow (Phoxinus phoxinus)
Wels Catfish (Silurus glanis);
Prussian Carp (Carassius gibelio);
Crucian Carp (Carassius carassisus);
Any species of eel from the family of Anguillidae not native to Alabama;
Amur Sleeper (Perccottus glenii);
Any species of venomous reptile which has never naturally existed in the wild in Alabama including but not limited to venomous snakes of the families Viperidae , Atractaspididae , Elapidae , Hydrophiidae and Colubridae , except for hognose snakes (genus Heterodon );
Any species of bird, mammal, fish, crustacea, mollusk, reptile, or amphibian listed as injurious wildlife under the Lacey Act (18 U.S.C. 42) from the U.S. Fish and Wildlife Service;
Any species of Tegus ( Salvator sp .);
Any species of Mongoose;
San Juan Rabbits, Jack Rabbits or any other species of wild rabbit or hare; or Any of the following from any area outside the state of Alabama; any member of the family Cervidae (to include but not be limited to deer, elk, moose, caribou), species of coyote, species of fox, species of raccoon, species of skunk, wild rodent, or strain of wild turkey, black bear ( Ursus americanus ), mountain lion ( Felis concolor ), bobcat ( Felis rufus ), Pronghorn Antelope ( Antelocapridae ), any nondomestic member of the families Suidae (pigs), Tayassuidae (peccaries), or Bovidae (except bison).
No person, firm, corporation, partnership, or association, shall transport within the state, any member of the above-stated species (whether such member originated within or without the state), except for properly licensed game-breeders pursuant to Section 9-11-31, Code of Ala. 1975, or persons engaged in the interstate transport of any of the above-stated species through the state who are otherwise specifically authorized by permit of the Director of the Division of Wildlife and Freshwater Fisheries or his designee.
(2) It shall be unlawful to release any tame turkey, or any other turkey, whether wild or tame, into any of the wild areas of this State.
The provisions of this regulation shall not apply to any turkeys kept by any farmer or landowner of this State for normal agricultural purposes or for personal consumption.
(3) Except as authorized by permit issued by the Department prior to the date of this amendment, it shall be unlawful for any person to have in possession any live, protected wild bird or wild animal or live embryo or eggs of these protected wild birds or animals. "Possession" in this section does not include deer restricted by natural or man-made barriers as long as the deer remain wild and are not subject to management practices of domesticated animals.
(4) It shall be unlawful for any person to release any form of mammal, reptile, or amphibian which did not originate from this state, or any captive raised mammal, reptile, or amphibian other than those species raised under a license or permit from the Commissioner.
(5) It shall be unlawful to release any non-indigenous seafoods, as defined by Section 9-2-80, Code of Ala. 1975, into any public waters of the state.
(6) The provisions of this regulation shall not apply to the exceptions provided for in Section 9-2-13(b), Code of Ala. 1975. Accredited educational, research, and rehabilitation facilities shall be exempt from this regulation through the written permission of the Commissioner or his designee.
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Protected wildlife causing crop damage, property damage, or a reasonable concern for human safety, may be taken at times and by means otherwise unlawful by first procuring a permit from the Department of Conservation and Natural Resources. Permits for the removal of protected wildlife will be issued by the Commissioner of the Department of Conservation and Natural Resources or his designee if after investigation it has been determined that such protected wildlife should be removed for human safety, or to protect agricultural crops or other property from excessive damage. Feral swine and coyotes are species for which the necessity of demonstrating specific damage is not required. Such permits will only be issued to the person owning the land or his/her official agent or to any person who has a lease on such lands, provided the lessee has the permission of the landowner to remove protected wildlife. Except for feral swine, permits shall not be issued to take, capture, or kill protected wildlife causing damage to crops planted for wildlife management. All wildlife taken shall be disposed of as directed by the issuing agent, and except for feral swine it may not be utilized personally. All feral swine taken under permit must be killed on site in accordance with 220-2-.86.
The means, methods, and times for which a permit is valid may be stipulated.
Any person, firm or corporation engaging in the business of wildlife damage control shall obtain a permit from the Department prior to taking, capturing, or killing wildlife and shall conduct wildlife damage control only under terms and conditions as specified by the Commissioner or his designee.
A property owner or tenant shall be allowed to take one squirrel, rabbit, raccoon, opossum, beaver, otter, or skunk per incident that is causing damage to said individual's property without a permit. A property owner or his agent may take blackbirds without permit when found causing damage or posing a nuisance or health threat.
Persons taking, capturing, or killing wildlife under the provisions of this regulation shall abide by all state and local laws and ordinances. Live caught animals may not be relocated across a county line or a major river drainage.
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The open seasons during which fur-bearing animals may be trapped in Alabama during 2024-2025, are hereby established:
BOBCAT, FOX, MINK, MUSKRAT, OTTER, and STRIPED SKUNK:
October 28 - February 29
NOTE : See tagging requirements for Bobcat and Otter under Rule 220-2-.30.
NOTE : Permit may be obtained through your local District Office for the trapping of nuisance furbearers outside the dates of trapping season.
NOTE : All bobcat and otter, regardless of method of harvest, are required to be tagged by a representative of the Wildlife and Freshwater Fisheries Division within 14 days of harvest or may be left with a taxidermist with a completed tagging form, and the taxidermist is required to have the bobcat or otter tagged within 14 days of receipt.
BEAVER, COYOTE, NUTRIA, RACCOON, OPOSSUM & FERAL SWINE:
No Closed Seaso n
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The following shall be named and designated as fur-bearing animals in Alabama:
Beaver, Bobcat, Fox, Mink, Muskrat, Nutria, Opossum, Otter, Raccoon, Striped Skunk, Coyote, and Feral Swine.
(1) Trap Specifications - It shall be unlawful for any person to set or use a leg hold trap on land that has an inside diameter jaw spread greater than six (6) inches as measured at the widest point perpendicular to the frame and parallel to the trap dog and for those traps without a dog, at the widest point parallel with the pan shank. Leg hold trap having teeth or serrated edges along the inside of one or both jaws are prohibited. All body gripping traps with jaw width exceeding 5 inches as measured from the inside of the main jaw at the trigger assembly to the inside of the opposing jaw across the entrance window, and snares (except powered foot snare with a maximum loop of 5 1/2 inches) are prohibited for use in trapping fur-bearing animals on land. It shall be unlawful for any person to trap in the State of Alabama without identifying each trap with a metal tag bearing the name and address or Conservation Identification Number (CID) of the owner. Instructions for obtaining a CID are available at www.outdooralabama.com.
(2) Any person trapping fur-bearing animals, except for feral swine, in the State of Alabama must carry a choke stick while running traps. When trapped fur-bearing animals are dispatched with a firearm, only standard .22 caliber rimfire firearms may be used. However, feral swine may be dispatched by any firearm or sharpened blade.
(3) Tagging Bobcat/Otter Pelts - Persons taking bobcat and otter must have the fur or pelts tagged by representatives of the Division of Wildlife and Freshwater within 14 days of taking and before the fur or pelt is sold or otherwise disposed of.
(a) However, a licensed fur catcher may sell untagged bobcat and otter to an authorized resident fur dealer and leave a completed signed fur tag report with said dealer. The dealer must then have the bobcat and otter tagged by a representative of the Division of Wildlife and Freshwater Fisheries within 14 days of purchasing bobcat or otter pelts.
(b) Legally acquired bobcat and otter pelts or carcasses may be delivered untagged to a resident taxidermist for mounting if the owner leaves a completed, signed fur tag report with said taxidermist. The taxidermist must then have the bobcat and otter tagged by a representative of the Division of Wildlife and Freshwater Fisheries within 14 days of taking delivery of said pelts and transmit the completed fur tag report to Division of Wildlife and Freshwater Fisheries representative at the time the pelt or carcass is tagged.
(c) Tags may be removed from bobcat and otter pelts when processed by a taxidermist for mounting. However, the removed tag must remain with the mounted specimen when it is returned to its owner and until the mount and pelt are destroyed.
(d) It shall be unlawful for anyone to ship, transport, or export bobcat and otter pelts from this state unless said bobcat and otter pelts are tagged by a representative of the Division of Wildlife and Freshwater Fisheries.
(e) All bobcat and otter pelts shipped or imported into this state must be officially tagged by the state of origin.
(4) It shall be illegal to set a trap on top of a post or stake elevated above ground level.
(5) It shall be unlawful for any person to possess a furbearer alive beyond the confines of the trap without permit from the Commissioner of the Department of Conservation and Natural Resources or his designee. Except for feral swine, all furbearers shall be immediately dispatched or released at the trap site. All feral swine must be killed at the site of capture in accordance with rule 220-2-.86.
(6) It shall be unlawful for any person to disturb a legally set trap or to remove a furbearing animals from a trap without permission of the owner
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It shall be unlawful to hang or suspend bait over or within 25 feet of a steel trap.
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All persons, firms, associations, or corporations dealing in storing, buying or transporting or otherwise shipping furs, skins or pelts of fur-bearing animals shall provide and keep for regular inspection:
(a) The name and address of each person from whom furs, skins and pelts of fur-bearing animals have been received or purchased.
(b) The fur catcher license number of the catcher from whom the furs, skins or pelts of fur-bearing animals have been received or purchased.
(c) The number and classification of furs, skins or pelts of fur-bearing animals with reference to kind of fur, skin or pelt.
(d) And the dates such furs, skins or pelts were sold, the person, firm, association or corporation to whom said furs, skins or pelts were sold and the gross amount in dollars and cents received from said sales.
Author: Charles D. Kelley
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The following shall be named and designated as game fish:
All members of the sunfish family (Centrarchidae) to include:
Black Bass - largemouth, smallmouth, spotted, Alabama, shoal, and those species formerly known as "redeye" bass, which are now known separately as Coosa, Warrior, Cahaba, Tallapoosa, and Chattahoochee bass, based on their respective drainages. The Alabama bass was formerly known as spotted bass in the Mobile drainage.
Bream - rock bass, flier, shadow bass, warmouth, redbreast, bluegill, longear, and redear (shellcracker).
Crappie - black and white crappie.
All members of the temperate bass family (Moronidae) to include:
Temperate Bass - saltwater striped, white, and yellow bass and any hybrids thereof.
All members of the pike family (Esocidae) to include:
Pickerel - chain, redfin, and grass pickerel.
The following members of the perch family (Percidae):
Perch - sauger (jack), walleye, and yellow perch.
The following members of the trout family (Salmonidae):
Trout - rainbow trout.
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(1) The following seasons for taking fish in accordance with the below stated times, places, manners and restrictions are hereby established. Unless noted below, the seasons for all designated game and commercial fish are open continuously.
(2) It shall be unlawful for any person to take or have in possession more than the daily limit for any fish as established herein. This shall not apply to fish held live for release by the sponsor or its designated agent after a bonafide fishing tournament provided they are released unharmed to the public waters from which they were taken as soon as reasonably possible on the same day they were taken. This does not obligate the sponsor or its designated agent to release dead or dying fish.
(3) Except as otherwise noted, it shall be unlawful to possess any fish less than or greater than size restrictions as established herein. Size restrictions on all fish are determined by measuring from the front of the mouth to the tip of the tail with both mouth and tail closed. Except as otherwise provided for certain State and Federally owned and/or managed fishing lakes and ponds, the daily creel, possession limits and size restrictions for fish in all public waters of this State shall be as follows:
Daily Creel and Possession Limit
(a) Black Bass .....................................10
Includes combinations of largemouth, smallmouth, spotted, Alabama, shoal and those species formerly known as "redeye" bass, which are now known separately as Coosa, Warrior, Cahaba, Tallapoosa and Chattahoochee bass, based on their respective drainages. The Alabama bass was formerly known as spotted bass in the Mobile drainage. No more than 5 of the daily creel limit of 10 may be smallmouth bass. See exceptions for shoal bass in specific tributaries of the Chattahoochee River.
(b) Walleye .......................................2
It shall be illegal to take or attempt to take walleye by any method from Sweetwater Lake located in the Talladega National Forest, Cleburne County, from White Plains Lake (also known as Whitesides Mill Lake), Calhoun County and from Shoal Creek upstream of White Plains Lake, Calhoun and Cleburne Counties. It shall also be illegal to take or attempt to take walleye by any method from Lake Mitchell on the Coosa River between Mitchell Dam and Lay Dam or from its tributary streams, Walnut Creek in Chilton County, Hatchet Creek in Coosa and Clay Counties, Weogufka Creek in Coosa County, the Mulberry Fork River and the Sipsey Fork River or any of their tributary streams in Blount, Cullman, Lawrence, Walker, and Winston Counties or the Duck River Reservoir in Cullman County. Any walleye taken in these lakes or streams shall immediately be released back into the waters from which they were taken with least possible harm.
(c) Sauger .........................................5
It is illegal to possess any Sauger less than 15 inches in total length.
(d) White Bass ....................................15
(e) Yellow Bass ...................................15
(f) Saltwater Striped Bass, and Hybrids or Combinations . 15
No more than five of the 15 may exceed 22 inches in total length. See exceptions for Lewis Smith, Inland, Yates, and Thurlow reservoirs and Lake Martin.
(g) Crappie .......................................30
It is illegal to possess any crappie less than nine inches in total length taken from Alabama public waters, including Aliceville Reservoir and effective October 1, 2001, Pickwick Reservoir. Waters exempt from the nine-inch crappie limit include impoundments less than 500 surface acres, and the reciprocal waters of the Chattahoochee River and Impoundments and their tributaries, Bear Creek Reservoir (Big Bear Lake of the B.C.D.A. Lakes), Lake Jackson at Florala and Weiss Reservoir.) See exception for Weiss Reservoir.
(h) Yellow Perch ............................No Limit
(i) Catfish (under 34 inches) ...............No Limit
(j) Catfish (34 inches or greater) ................1
This size limit shall not apply to catfish harvested from the Perdido, Conecuh, Blackwater, Yellow, Choctawhatchee, Chipola, and Chattahoochee rivers basins. It shall be unlawful to transport live catfish 34 inches in length or greater beyond the boundaries of this state.
(k) Bream .........................................50
(l) Rainbow Trout ................................5
It shall be unlawful to fish with more than two rods or to cull from the creel any trout caught from the Sipsey Fork from Lewis Smith Dam downstream to the confluence with the Mulberry Fork. (See Paragraph 5 for definition of culling).
(m) Alligator Gar .................................1
All alligator gar caught with commercial fishing gear must be immediately returned to the water with the least possible harm.
(n) Sturgeon ..........................Closed Season
All sturgeon must be immediately returned to the water with the lease possible harm.
(o) Paddlefish or Spoonbill Catfish ... Closed Season
All paddlefish must be immediately returned to the water with the least possible harm.
(p) Skipjack Herring ...........................50
(4) SIZE LIMITS - As provided for above, as posted in State and Federally owned and/or managed public fishing lakes and ponds, and as follows:
(a) Chattahoochee River Tributaries - It is illegal to possess shoal bass in Little Uchee, Uchee, Osanippa, Halawakee and Wacoochee creeks.
(b) Guntersville Reservoir and Its Tributary of Town Creek -It is illegal to possess any largemouth or smallmouth bass less than 15 inches in total length.
(c) Harris Reservoir - It is illegal to possess any largemouth bass between 13 inches and 16 inches in total length.
(d) Lake Jackson at Florala - Creel limit of five black bass greater than 12 inches in total length. Only one of the five can be over 22 inches in total length.
(e) Inland Reservoir - It is illegal to possess more than two saltwater striped bass that exceed 22 inches in total length in the daily creel limit and only one of those may exceed 30 inches in total length.
(f) Lewis Smith Reservoir - It is illegal to possess more than two saltwater striped bass that exceed 22 inches in total length in the daily creel limit. It shall be unlawful to intentionally cull from the creel any saltwater striped bass from June 15th to October 15th. (See paragraph 5).
(g) Lewis Smith Reservoir - It is illegal to possess any black bass between 13 inches and 15 inches in total length.
(h) Lake Martin - It is illegal to possess more than two saltwater striped bass that exceed 22 inches in total length in the daily creel limit. It shall be unlawful to intentionally cull from the creel any saltwater striped bass from June 15th to October 15th. (See paragraph 5).
(i) Pickwick Reservoir - It is illegal to possess any smallmouth bass or largemouth bass less than 15 inches in total length.
(j) Thurlow Reservoir - It is illegal to possess more than two saltwater striped bass that exceed 22 inches in total length in the daily creel limit and only one of those may exceed 30 inches in total length.
(k) Walter F. George Reservoir (Lake Eufaula) and its Tributaries - It is illegal to possess any largemouth bass less than 14 inches in total length.
(l) Weiss Reservoir - It is illegal to possess crappie less than 10 inches in total length.
(m) West Point Reservoir and its Tributaries
(n) Wheeler Reservoir - It is illegal to possess any smallmouth bass less than 15 inches in total length.
(o) Wilson Reservoir and Its Tributaries of Big Nance and Town Creeks - It is illegal to possess any smallmouth bass less than 15 inches in total length.
(p) Yates Reservoir - It is illegal to possess more than two saltwater striped bass that exceed 22 inches in total length in the daily creel limit and only one of those may exceed 30 inches in total length.
(q) Chattahoochee River and Impoundments and Tributaries - Special creel limits apply in reciprocal waters as specified under regulation 220-2-.122.
(5) For the purposes of this regulation in paragraphs (3)(l), (4) (f), and (4)(i), "culling" shall be defined as removing and releasing a fish from the creel (live well, stringer, basket, bucket, cooler, or other container) whether it is replaced or not.
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(1) Definition of State-Owned Public Fishing Lakes -The words "state-owned public fishing lakes" shall include and embrace all land and water under the direct supervision of the Fisheries Section of the Game and Fish Division. The lakes are as follows:
Barbour County Public Lake
Bibb County Public Lake
Chambers County Public Lake
Clay County Public Lake
Coffee County Public Lake
Crenshaw County Public Lake
Dallas County Public Lake
Dale County Public Lake
DeKalb County Public Lake
Fayette County Public Lake
Geneva County Public Lake
Leon Brooks Hines Public Lake (Escambia County)
Lamar County Public Lake
Lee County Public Lake
Madison County Public Lake
Marion County Public Lake
Monroe County Public Lake
Pike County Public Lake
Walker County Public Lake
Washington County Public Lake (J. Emmett Wood)
(2) Permit Required to Fish in State-Owned Public Fishing Lakes - Any person 12 years old or older who fishes, takes, catches, or attempts to fish, take, or catch fish in or from any state-owned or state-operated public fishing lake must have a valid permit in possession.
(3) It shall be a violation of this regulation for any person to leave a child under 12 years of age unaccompanied by an adult at any state-owned public fishing lake, and it shall also be a violation of this regulation for any child under 12 years of age to be at any state owned public fishing lake unaccompanied by an adult.
(4) Daily Creel, Possession Limits and Size Limits for Game Fish in State-Owned Public Lakes - The daily creel, possession and size limits for game fish and catfish in state-owned public fishing lakes shall be as posted at each lake. Creel, possession and size limits for fish not posted shall be the same as provided for all public waters of this State.
(5) Time to Fish - Fishing in state-owned fishing lakes shall be limited to daylight hours, unless additional hours are posted, or as specified by an agent of the Commissioner, Department of Conservation and Natural Resources.
(6) Fishing in State-Owned Public Fishing Lakes Regulated.
(a) No method other than hook and line with natural or artificial bait may be used to take or attempt to take fish from state-owned public fishing lakes except by special written permission of the Commissioner of Conservation and Natural Resources. Nothing in the regulation permits the taking of fish by "snagging," "snatching, " trot lines, set hooks or jug fishing in the above mentioned areas.
(b) A person fishing shall upon demand exhibit his catch, fishing permit and fishing license to any Conservation Officer, concessionaire, or other agent or employee of the Department of Conservation and Natural Resources for inspection.
(c) All fish taken from the lake must be counted and weighed by the concessionaire unless the concessionaire is absent.
(d) No species of fish shall be stocked in the state-owned public fishing lakes unless introduced by the Department of Conservation and Natural Resources.
(7) Unlawful to Sell Fish Taken from State-Owned Public Fishing Lakes - It shall be unlawful for any person to sell, offer to sell, or use for any commercial purpose any fish, regardless of species or kind, taken from any of the state-owned public fishing lakes unless expressly permitted in writing by the Commissioner of the Department of Conservation and Natural Resources.
(8) Use of Minnows for Bait in State-Owned Public Fishing Lakes Regulated - Live minnows used for bait in any state public fishing lake shall be limited to the following species: Goldfish minnows, commonly called "Indiana" minnows; golden shiners, commonly called "Shiners," and fathead minnows, commonly called "Toughies." No person shall release in any state-owned public fishing lake any minnow whatsoever, either dead or alive, by emptying from a minnow bucket or any other method. All minnow buckets or other receptacles for holding minnows used at state-owned public fishing lakes shall at all times be open to inspection by Conservation Officers, concessionaires, or other agents or employees of the Department of Conservation and Natural Resources.
(9) It shall be unlawful to operate any size gasoline powered outboard motor on the state-owned public fishing lakes except where expressly permitted as posted. Where gasoline powered outboard motors are allowed, they shall be operated only at slow trolling speed creating no wake.
(a) It shall be unlawful to operate such motors at any speed greater than trolling speed.
(10) No Camping - There shall be no camping on state-owned public fishing lake land unless by special permission of the Commissioner of Conservation and Natural Resources.
(11) No Swimming or Wading - There shall be no swimming or wading in the State-owned public fishing lakes.
(12) Personal Injuries or Accidents - The Department of Conservation and Natural Resources shall not be responsible for any accident or injury to any person while on public fishing lake property or when utilizing the public lake facilities. Any person coming within the boundaries of the state-owned public lakes shall, by such entrance or use, waive any claim against the State or its agents for any accident or injury occurring while on or within public lake property.
(13) It shall be unlawful to use sailboats in public fishing lakes operated by the Game and Fish Division of the Department of Conservation and Natural Resources. It shall be unlawful to use any other type of boat on said lakes for any purpose other than fishing.
(14) It shall be a violation of this regulation to launch any boat on said lakes without first obtaining a launching permit and such fishing permits as may be required at each lake.
(15) State Laws Applicable - All state laws now in force and laws, which may hereinafter be enacted by the Legislature, shall be maintained in the public lake areas.
(16) Conduct at State-Owned Public Fishing Lakes - Any person, who conducts himself or herself in an unruly or disorderly manner in any public lake area, and any person, who so conducts himself or herself in a manner which will tend to annoy or disturb any visitor or employee, shall be in violation of this regulation. Any person in violation of this regulation shall not be entitled to a refund of any fee or rental.
(17) Soliciting or Advertising in State Lake Areas -No person shall solicit, sell or advertise in any public area without the written authorization of the Commissioner of Conservation and Natural Resources.
(18) Removal of Shrubs or Wild Flowers - In order to protect all native, wild or domesticated trees, shrubs, plants, and flowers from destruction and to conserve the same, it is hereby made unlawful for any person to cut, destroy, damage or remove any such tree, bush, shrub, plant or flower growing in any public lake area. Any person, who willfully destroys, cuts, or breaks or removes any such tree, shrub, bush, plant or flower growing in any public lake area, shall be in violation of this regulation unless given special permission to do so from the Commissioner of Conservation and Natural Resources.
(19) Defacing or Destroying State Property - Any person, who litters, defaces or destroys any real or personal property in any of the public lake areas of Alabama and any property belonging to the State of Alabama in any of the public lake areas, shall be in violation of this regulation.
(20) State-Owned Public Fishing Lake Land Designated as Wildlife Sanctuaries - It shall be unlawful for any person to hunt, trap, pursue, catch or kill, or attempt to hunt, trap, pursue, catch or kill any wild bird or wild animal or possess any firearm, except handguns lawfully possessed for personal protection, or bow and arrow in any of the places herein mentioned without special permission of the Commissioner of Conservation and Natural Resources.
(21) Speed Limits for Vehicles - The maximum speed limit for any power driven vehicles shall be 25 miles per hour unless otherwise specified by signs. All motorists shall come to a complete stop before crossing any intersection in any public lake area. This maximum speed limit shall be reduced as is reasonable when driving through any congested area; and when any person is driving through any congested area in the public lake area, he shall exercise every caution possible.
(22) Only licensed vehicles shall be allowed on public lake roads; no off-road traffic shall be permitted.
(23) It shall be unlawful for any person or persons to consume alcoholic beverages at any public fishing lake during the hours of operation.
(24) It shall be unlawful for any unauthorized person to catch, take or attempt to take or catch fish, by any means whatsoever, in the ponds and lakes located on the fish hatcheries operated by the Game and Fish Division of the Alabama Department of Conservation and Natural Resources; provided however, this provision shall not apply to that lake known as Perry Lake.
(a) It shall be a violation of this regulation for any person to harass any such hatchery fish or to stock or release any fish into any such hatchery pond or lake.
(b) It shall be unlawful for any person
to swim or wade in any pond or lake located on said hatcheries,
to camp on said hatcheries without the special permission of the Commissioner of Conservation and Natural Resources,
to solicit, sell or advertise in any public area of said hatcheries without the written authorization of the Commissioner of Conservation and Natural Resources,
to cut, destroy, damage or remove any tree, shrub, bush, plant or flower growing on any such hatchery,
to litter, deface or destroy any real or personal property belonging to or operated by the State of Alabama on said hatcheries, or
to operate any motor vehicle on said hatcheries except as same is permitted by, and in accordance with, signs posted thereon.
(c) All state-owned and/or operated fish hatcheries are designated as Wildlife Sanctuaries, and it shall be unlawful for any person to hunt, trap, pursue, catch or kill or attempt to hunt, trap, pursue, catch or kill any wild bird or wild animal on any such hatchery without the special permission of the Commissioner of Conservation and Natural Resources.
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(1) Definition: Unless the context clearly indicates otherwise, in this regulation, the term "public access area" shall include any state-owned, leased, and/or operated boat launching and/or landing access area, parking lot, ramp, pier, and any real or personal property within the boundaries of said areas.
(2) Picnicking, except at tables provided, and camping are prohibited at all public access areas. Swimming or any other activities, to the extent that swimming or any other activity may interfere with the intended use of any public access area by the public, are forbidden; provided, however, that in any event it shall be unlawful to swim or wade within fifty (50) feet of any ramp at any public access area.
(3) The mooring of boats, houseboats and other watercraft is forbidden at all public access areas. In addition, the dry-docking, storage, or abandonment, of any type of vessel, vehicle, or other personal property item, is prohibited at all public access areas.
(4) Public access areas are for the use of the pleasure boating, hunting and fishing public in general only. No commercial, industrial or construction equipment such as barges, dredges, etc., are to be loaded or unloaded without the specific written authorization of the Commissioner of Conservation and Natural Resources.
(5) Persons using public access areas shall park their vehicles and/or trailers in designated parking areas or, when areas are not designated, in such a way so as not to block any part of the ramp or pier or approach to the ramp or pier or interfere with the use of the public access area by other persons.
(6) It shall be unlawful to discharge firearms on all public access areas.
(7) Defacing or Destroying State Property - Any person who litters, defaces or destroys any real or personal property on any of the public access areas or any property belonging to the State of Alabama in any of the public access areas, shall be in violation of this regulation.
(8) Only licensed vehicles shall be allowed on public access areas, except that mobility-impaired persons may utilize other power-driven mobility devices (subject to the applicable assessment factors), pursuant to and in accordance with the Americans with Disabilities Act of 1990 and 28 CFR 35.137. Off-road traffic is prohibited. Nothing in this regulation shall prevent the use of properly licensed motorcycles on public access area roads or parking lots.
(9) Soliciting or Advertising on Public Access Areas - No person shall solicit, sell, advertise, or install any sign on any public access area without the written authorization of the Commissioner of Conservation and Natural Resources.
(10) It shall be unlawful for any unauthorized person(s) to build, tend, or maintain any fire at any public access area.
(11) Except as otherwise permitted by written permission of the Commissioner of the Department of Conservation and Natural Resources, it is hereby made unlawful for any person to cut, destroy, damage or remove any such tree, bush, shrub, plant or flower growing at any public access area.
(12) Personal Injuries or Accidents - The Department of Conservation and Natural Resources shall not be responsible for any accident or injury to any person while at or in public facilities. Any person coming within the boundaries of the public access areas shall, by such entrance or use, waive any claim against the State of Alabama, its employees, or its agents for any accident or injury to person or property occurring while on or within the said public access areas.
(13) It shall be unlawful for any person or persons to consume alcoholic beverages at any public access area.
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It shall be legal for sport fishermen holding a valid sport fishing license to take all species of suckers during any hour of the day or night by the use of gill or trammel nets with a mesh of one inch (1") or more measured from knot to knot (stretch of two inches) in the public waters of Butler, Coffee, Covington, Crenshaw, Dale, Geneva, Henry, Houston, and Pike Counties during the months of February, March, and April, provided such nets are marked with buoys of floats visible above the waterline on which the owner's sport fishing license number is listed. Such nets may not be used for taking of suckers or any other fish in the following rivers and impoundments thereof located in the above counties: Conecuh River, Chattahoochee River, Choctawhatchee River; Patsaliga River, Pea River, Sepulga River, and Yellow River. Suckers taken under the provisions of this regulation are for personal use only and may not be sold, traded or bartered.
Author:
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It is hereby made lawful to take minnows, shad, the following species of suckers: spotted sucker, Minytrema melanos; black redhorse, Moxostoma duquesnei; golden redhorse, Moxostoma erythrurum; and the blacktail redhorse, Moxostoma poecilurum; by the use of a cast net, minnow jug, minnow basket, not to exceed 24 inches in length, 12 inches in diameter, with funnel entrance not more than one inch in diameter, or dip net or seine, commonly known as a minnow seine, the length of which shall not exceed 25 feet and the width or depth of which shall not exceed 4 feet for the purpose of taking shad, minnows, or the sucker species identified above for the exclusive use as fish bait. However, no seines may be used in un-impounded tributary streams and creeks. Seines are legal gear only in man-made impoundments and in major rivers to include the Alabama, Coosa, Tallapoosa, Tombigbee, Black Warrior, Mobile, Tensaw and Tennessee Rivers. It is illegal to transport suckers caught in the Tennessee River watershed for bait to waters outside the Tennessee River watershed. Further, no suckers caught for bait outside the Tennessee River watershed shall be transported for bait into the Tennessee River watershed. The use of any seine of larger proportions than herein provided is illegal, and the possession of a seine of larger proportions than herein provided in any public freshwater or on the bank of any such waters shall be prima facie evidence that such net is being used illegally. It is further made lawful to take mullet by cast net in freshwater. The daily creel and possession limit for mullet taken with a cast net will be the same as permitted under Marine Resources Regulation 220-3-.03. All game fish and all commercial or non-game fish, except mullet, as listed under Rules 220-2-.34 and 220-2-.45 taken by nets or seines as allowed under this regulation shall be immediately returned to the water from whence they came with the least possible injury.
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(1) Whenever the Director of the Wildlife and Freshwater Fisheries Division (WFF) of the Department of Conservation and Natural Resources shall announce in writing that a waterfowl feeding pond or lake located on any wildlife management area or a State Lake operated by the Department of Conservation and Natural Resources is to be drained or pumped dry, resulting in the death of fish located in any such pond or lake, such fish of any species may be taken, or attempt to be taken, in any number regardless of creel limits by any holder of a valid fishing license, and in the case of WFF managed state lakes as defined in 220-2-.36, possession of a daily permit, by the use of hands, nets, seines, gigs, spears, or snatch hooks. Such fish shall not be taken by the use of explosives, poison, or firearms of any type or description.
(2) Only those holders of a valid commercial fishing license may sell Commercial or non-game fish except catfish. The sale or barter of any game fish or catfish of any species taken by anyone from any area covered under this regulation is hereby prohibited.
(3) Nothing in this regulation shall be construed or interpreted to legalize any type of fishing equipment for the taking of fish under any circumstances other than those outlined in this regulation. Provided, however, that this regulation shall not apply to the Swan Creek Management Area in Limestone County.
(2) It shall be unlawful to take fish for commercial purposes and/or to use commercial fishing gear within any dewatering unit within the state during waterfowl season.
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History
(1) For the purposes of the freshwater fishing licensing requirements of Sections 9-11-53, 53.4, 55, and 56, Code of Ala. 1975, said licenses shall be applicable to such activities as provided for therein which occur north of the below-described line, as well as below said line in those ponds or lakes containing freshwater fish. For the purposes of the saltwater fishing licensing requirements of Sections 9-11-53.1, 53.5, and 55.2, Code of Ala. 1975, said licenses shall be applicable to such activities as provided for therein which occur south of the below-described line. The line is described as follows: Beginning at the Mississippi State line, a meandering line following U.S. Highway 90 eastwardly to its junction with State Highway 188; State Highway 188 eastwardly to its junction with State Highway 193; State Highway 193 northwardly to its junction with State Highway 163; State Highway 163 northwardly to its intersection with Interstate Highway 10 (except all of the Theodore Industrial Canal); Interstate Highway 10 eastbound lane (except that portion of Interstate Highway 10 which lies north of State Highway 90 Battleship Parkway, in which case the line follows the Battleship Parkway) to Interstate Highway 10's intersection with U.S. Highway 98; U.S. Highway 98 southwardly and eastwardly to its intersection with State Highway 59; State Highway 59 southwardly to its intersection with Baldwin County Highway 20; Baldwin County Highway 20 eastwardly to its intersection with Baldwin County Highway 95; Baldwin County Highway 95 northwardly to its intersection with U.S. Highway 98; U.S. Highway 98 eastwardly to its intersection with the western shore of Perdido Bay; then the western shore of Perdido Bay northwardly to the intersection of the Florida State Line and the mouth of the Perdido River.
(2)
(a) All commercial fishing operations, as well as recreational netting operations, and all gear used in any of such operations, in state jurisdictional waters north of Interstate 10 eastbound lane (except that portion of Interstate Highway 10 which lies north of State Highway 90 Battleship Parkway, in which case the line follows the Battleship Parkway) shall be subject to those laws, rules and regulations of the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources. Provided further, it shall be unlawful to use any net (other than hoop and fyke nets) with mesh size of less than three inches (3") knot to knot with a stretch or spread of less than six inches (6") in the public impounded waters and navigable streams in the state of Alabama north of the line described in this paragraph except as provided for in other regulations or laws of this state.
(b) All commercial fishing operations, as well as recreational netting operations, and all gear used in any of such operations, in state jurisdictional waters south of Interstate 10 eastbound lane (except that portion of Interstate Highway 10 which lies north of State Highway 90 Battleship Parkway, in which case the line follows the Battleship Parkway) shall be subject to those laws, rules, and regulations of the Marine Resources Division of the Department of Conservation and Natural Resources.
(3) Notwithstanding any provision herein to the contrary, from September 1 to December 31, it shall be unlawful to possess a gill net, trammel net, or other entangling net aboard a boat in the Mobile Delta south of the railroad bridge that crosses the Tensaw River at approximate latitude 30.84302 (currently known as the CSX railroad bridge) and north of a line running two hundred fifty (250) yards north of and parallel to Highway 90 (Battleship Parkway).
(4) Notwithstanding any provision herein to the contrary, it shall be lawful for any person (provided such person complies with all applicable laws, rules, and regulations) to take, catch, or possess commercial or non-game fish as defined in the laws of Alabama or regulations of the Department of Conservation and Natural Resources, in accordance with the below stated times, places, manners, and means:
(a) From January 1 to September 1 in only the following areas: Grass Bay, Chuckfey Bay, Choccolata Bay, Gustang Bay, Big Bay John, Bay Minette Basin and Bay; (West of HWY 225 Bridge), Little Bay John, Big Bay Bateau, Little Bay Bateau, and John's Bend, Monday through Friday, except official State of Alabama holidays, between the hours of sunrise and sunset, by the use of nets with a mesh size of not less than three inches (3") knot to knot with a stretch or spread of not less than six inches (6"). These nets shall be constantly attended.
(b) From January 1 to May 31 in only the following areas: Grand Bay, Polecat Bay, and Bay Delvan, Monday through Friday, except official State of Alabama holidays, between the hours of sunrise and sunset, by the use of nets with a mesh size of not less than the general minimum mesh size for fish other than menhaden for "inside waters" under the jurisdiction of the Marine Resources Division as provided in 220-3-.03; provided that any person in these areas possessing, using, or attempting to use, a gill net with a mesh size less than three inches (3") knot to knot is required to be licensed and permitted under 9-11-141, 9-11-142, and 9-12-113, and shall have such licenses and permit in possession. These nets shall be constantly attended.
(5) Rule 220-2-.42, as previously promulgated, is hereby expressly repealed in its entirety.
(6) Violations of the provisions of paragraphs 2(a), (3) and (4) shall be punished as provided by Section 9-11-156, Code of Ala. 1975, or as otherwise provided by law.
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No person shall take paddlefish from the public waters of this state, remove the roe and willfully waste the remainder of the fish.
Author:
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It shall be unlawful:
(1) to drag any hoop net, fyke net, gill net, trammel net or seine, except a legal minnow seine, through any public waters of this State;
(2) to take or attempt to take, catch or kill any species of fish from public waters by the use of any firearms;
(3) to take or attempt to take, catch or kill any species of fish from the public waters by use of any seine, except minnow seine, wire basket, cast net, or any stationary fish trap except as otherwise provided by law;
(4) to take or attempt to take, catch, or kill any species of fish by means of any trotlines, set lines, snag lines, commercial fishing net, slat box, or wire basket within one-half mile below any lock, dam, or power house on any public water of this State;
(5) to take, attempt to take, catch, or kill any species of fish by grabbling, noodling, or hand fishing by means of hands with the aid of treble hook, multi hook, or any barbed hook;
(6) to remove or attempt to remove fish from any hoop net, gill net, fyke net, trammel net, slat trap or slat basket, or to move, set, or reset any of the said fishing gear listed in this regulation between the hours of sunset and sunrise;
(7) to fish or attempt to fish in any of the public waters of this State on or from the posted lands of another without first obtaining the permission of the landowner or his agent;
(8) to fish a slat box or basket without having a metal tag permanently affixed thereto stating thereon the name, address, and license number or tax identification number of the licensee operating and using each slat box.
(9) to leave any set line or bush hook unattended for more than 48 hours. Further, any set line or bush hook unattended for more than 4 8 hours may be removed by Game and Fish Division personnel and destroyed.
(10) to filet a fish while fishing, or to possess filets or to remove the heads of fish while on public waters except when fish are being prepared for immediate cooking and consumption; provided however, that fish may be drawn or gutted with heads left attached.
(11) to utilize more than three rods and reels or poles or any combination thereof while fishing Weiss Reservoir or Neely Henry Lake.
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The following shall be designated as commercial or non-game fish: Freshwater Drum, Buffalo, Carp, Channel Catfish, all members of the Catfish family, Paddlefish (Spoonbill), Spotted Sucker, all members of the Sucker family including the species known as Red Horse and Black Horse, Bowfin and all members of the Gar family, and mullet taken or attempted to be taken north of the line specified in paragraph (1) of 220-2-.42 subject to the exception provided in paragraph (3) thereof.
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The following are hereby designated as legal fishing equipment and methods for the taking of commercial or non-game fish or other unprotected fish in the fresh waters of this State. Any other equipment or methods used in the taking of commercial or non-game fish or other unprotected fish is a violation of this regulation.
(1) By Licensed or License-Exempt Sport Fishermen
(a) Rod and Reel
(b) Hook and Line
(c) Trot Line
(d) Set Line, including limb lines and jug lines
(e) Snag Line or Snare Line
It shall be unlawful to fish any trotline, snag or snare line without plastic or metal tag attached containing the owners name and either their address or fishing license number or phone number.
It shall be unlawful for any fisherman other than a licensed commercial fisherman to fish one or more trotline, snag or snare line or combination thereof containing more than 100 hooks.
(f) Bowfishing with any longbow, recurve bow, compound bow, crossbow equipped with a working safety or sling bow using barbed arrows attached by line to the bow, float, vessel or shooter.
(g) Spear or Similar Instruments (underwater) by Special License
(h) Gigs or Grabbling
Grabbling, noodling, or hand fishing by means of hands, stick (reed, pvc pipe, string, or other similar object), or single barbless hook attached to stick (reed, pvc pipe, string, or other similar object).
Treble hooks, multi hooks, or any barbed hooks are prohibited.
(i) It shall be unlawful to set and leave unattended in the public waters of the State of Alabama for more than seven consecutive days all fishing gear provided, however, that any set line or bush hook left unattended for 48 hours may be removed by Game and Fish Division personnel and destroyed.
(2) By Licensed Commercial Fishermen (All commercial gear is required to be tagged pursuant to Code of Ala. 1975, § 9-11-22 with the license number of the commercial fisherman owning the equipment imprinted on the tag and have the location of the equipment marked pursuant to Code of Ala. 1975, § 9-11-147).
(a) Trot Line
(b) Snag Line
(c) Set Line, including limb lines and jug lines
(d) Hoop and Fyke Nets the mesh of which is not less than 1 1/4 inches from knot to knot with a stretch or spread of not less than 2 1/2 inches after said net has been tarred and/or shrunk.
(e) Gill and Trammel Nets the mesh of which is not less than 3 inches knot to knot with a stretch or spread of not less than 6 inches after net has been shrunk.
(f) Slat Trap or Slat Basket made entirely of wood or plastic strips or slats in a boxlike or cylinder shape. At least 18 inches of the slat trap opposite the muzzle, including the end, shall be constructed with wood or plastic slats or strips of a width not greater than 3 inches running lengthwise or vertically of the trap and with a space between strips or slats of not less than one and one-eighth inches (1 1/8"), and provided further that any restrictions (which must be wood or plastic) between muzzle and back of trap or basket contain an opening of at least two (2) inches square to permit free passage of fish within said box or basket.
Provided further it shall be legal to use a trap made of round solid plastic, provide at least eighteen inches of the trap opposite the muzzle, including the end, shall have parallel openings a minimum of 1 1/8 inches wide running lengthwise or vertically of the trap. There shall be a maximum of three inches of solid material between the 1 1/8-inch parallel openings. The muzzle of such trap shall be constructed of netting with a mesh of at least 1 1/4 inches knot to knot with a stretch of 2 1/2 inches. Only a single muzzle may be used and the muzzle shall be attached to the trap with 100% cotton material only. There shall be a minimum opening of two inches square between the muzzle and the back of the fish trap. Any round plastic trap not conforming to these guidelines shall be illegal.
(3) By Licensed Wire Basket Fishermen - Any person who possesses a valid wire basket license shall fish such baskets in compliance with Code of Ala. 1975, §§ 9-11-190 through 9-11-198.
(a) In the following counties a maximum of four (4) wire baskets with a mesh of one (1) inch or larger:
| Autauga | Dale | Monroe | | --- | --- | --- | | Barbour | Dallas | Perry | | Bibb | Escambia | Pickens | | Butler | Fayette | Pike | | Calhoun | Franklin | Randolph | | Chambers | Geneva | Russell | | Chilton | Greene | St. Clair | | Choctaw | Hale | Sumter | | Clarke | Henry | Talladega | | Cleburne | Lamar | Tallapoosa | | Coffee | Lee | Tuscaloosa | | Coosa | Lowndes | Walker (except Lewis M. Smith Reservoir) | | Covington | Marengo | Washington | | Crenshaw | Marion | Wilcox |
(b) In Elmore County a maximum of three (3) wire baskets with a mesh of one (1) inch or larger may be fished provided that only one (1) wire basket may be fished in Lake Jordan and only two (2) wire baskets may be fished in Lake Martin. Wire baskets may not be used in any other areas of Elmore County except as listed above.
(4) Nothing in this regulation shall be construed or interpreted to legalize any type of fishing equipment for the taking of fish under any circumstances other than those outlined in this regulation.
History
(1) Boxes- Areas Restricted to Use of Nets and/or Slat
(a) Public Waters: It is hereby made illegal for any person to place any gill net, trammel net, hoop net or fyke net in the public waters of this State, in such a way that it extends more than half way across any river, creek, stream, slough or bayou and no net shall be placed closer than 50 feet to any other net.
(b) Public Impounded Waters: It is hereby made illegal for any person to place any gill net, trammel net, hoop net, fyke net or slat box closer than 25 feet from the water's edge in any public impounded water of this State, and provided further that on the Tennessee River, or its impoundments no person shall place a net closer than 100 feet from the water's edge and no person shall place any net or slat box within 300 feet above or below any tributary of the Tennessee River.
(c) It shall be unlawful to use nets of any type for fishing purposes in all impounded public waters and tributaries thereto of Alabama in which Morone saxatilis, commonly known as saltwater striped bass, have been stocked. Nothing in this regulation shall be construed so as to preclude the lawful use of set lines, trot lines, or snag lines for the taking, killing or catching of commercial or non-game fish from said waters. The following lakes have been stocked: Lake Martin, Lake Jordan, Lake Mitchell, Lay Lake, Jones Bluff (name changed to R. E. "Bob" Woodruff Lake), Logan Martin, Neeley Henry and Weiss Lake. (These bodies of water were stocked prior to the original enactment of this regulation dated December 12, 1972.)
(d) It shall be unlawful to use nets of any type for commercial fishing purposes in all public impounded waters of Alabama having 3,000 or less surface acres. A list of these lakes is as follows:
IMPOUNDMENT COUNTY
Gantt Covington
Point A Covington
Oliver Tuscaloosa
Inland Blount
Thurlow Elmore, Tallapoosa
Yates Elmore, Tallapoosa
Opelika City Lake Lee
Purdy Shelby, Jefferson
Thollocco Dale
Oliver Russell
Goat Rock Lee
Columbia Houston
Little Bear Creek Franklin
Upper Bear Creek Marion, Franklin,
Winston
Bear Creek Franklin
(2) It shall be unlawful to set and leave unattended in the public fresh waters of the State of Alabama for more than seven (7) consecutive days all fishing gear, including but not limited to, trot, snag and snare lines, hoop, fyke, gill and trammel nets, and slat traps and/or baskets; provided however, that any set line or bush hook left unattended for 48 hours may be removed by Game and Fish Division personnel and destroyed.
(3) It shall be unlawful to use nets of any type for commercial fishing purposes in the area of Wheeler Wildlife Refuge between Interstate 65 and U.S. Highway 31 and in the area of Limestone Bay, during the period of October 15 through February 15 of each year.
Author: James D. Martin
History
The following is hereby designated as legal fishing equipment and methods for taking of freshwater mussels or other freshwater bivalved mollusca in the freshwaters of this State. Any other equipment or methods used in the taking of freshwater mussels or other mollusca is in violation of this regulation.
(1) By use of brails with hooks and constructed of wire 14 gauge or larger and with prongs not longer than 2 inches from the tip of point to point where prongs are wrapped or joined.
(2) By hand and/or with the use of diving equipment.
(3) By the use of a shell bar with a limit of six (6) feet in length.
(4) Licensed fishermen may use a rake or dip net no wider than 24 inches to collect Asiatic clam Corbicula for fish bait. Harvest of any other species of freshwater bivalved mollusca with such equipment or sale of Corbicula harvested with such equipment will be a violation of this regulation.
Author: James D. Martin
History
It is hereby made illegal for any person or persons to take, catch, kill, buy, possess or transport for commercial purposes freshwater mussels or any type of freshwater bivalved mollusca listed below or the shells of such mussels or bivalved mollusca, less than the following sizes in diameter:
Washboard (Megalonaias nervosa)........ 4 inches
Threeridge (Amblema plicata)........... 2 5/8 inches
Pistol Grip (Tritogonia verrucosa) .... 2 5/8 inches
Elephant Ear (Elliptio crassidens)..... 2 5/8 inches
Mapleleaf (Quadrula quadrula).......... 2 5/8 inches
Ebony Shell (Fusconaia ebenus)......... 2 3/8 inches
Pink Heel Splitter (Potamilus alatus).. 4 inches
Three Horn (Obliquaria reflexa)........ 1 3/4 inches
Southern Mapleleaf (Quadrula apiculata) 2 5/8 inches
Bankclimber (Plectomerus dombeyanus) 3 inches
Bleufer (Potamilus purpuratus) 3 inches;
With the exception of Asiatic Clam Corbicula harvested from below the full pool elevation of impounded waters. All mussels or their shells less than the legal diameter must be immediately released and placed back in the waters from whence they came with the least possible injury. Mussels or their shells shall be measured from their dorsal to ventral surfaces by passing or attempting to pass the mussel or mussel shell by the weight of the mussel or mussel shell through a ring of the appropriate inside diameter. There shall be no allowance for undersize mussels or their shells.
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It shall be unlawful to take, catch, kill, or to attempt to take, catch or kill mussels from freshwater between the hours of sunset and sunrise (nighttime).
Author:
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Mussel fishing for commercial purposes in the freshwaters of this State in all open areas shall be restricted to five days each week (Monday through Friday), unless specifically provided otherwise by law or regulation.
Author: James D. Martin
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It shall be unlawful to take, catch, kill, or attempt to take, catch, or kill mussels in the following areas:
(1) Wheeler Lake, an impoundment on the Tennessee River, from Guntersville Dam downstream to the mouth of Shoal Creek (approximately 347 miles above the mouth of the Tennessee River).
(2) Wheeler Lake, an impoundment on the Tennessee River from the upstream end or head of Hobbs Island downstream to Whitesburg Bridge.
(3) Pickwick Lake, an impoundment on the Tennessee River, from Wilson Dam downstream to the upper end or head of Seven Mile Island.
(4) Wilson Lake, an impoundment on the Tennessee River, from Wheeler Dam downstream to the mouth of Town Creek on the South Bank and the mouth of Blue water Creek on the north bank.
(5) The Cahaba River.
(6) The Alabama River from the mouth of Mulberry Creek (RM 220.0) downstream to the Edmund Pettus Bridge (RM 205.3).
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(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
History
History
(1) It shall be unlawful on ALL DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, WILDLIFE AND FRESHWATER FISHERIES DIVISION MANAGED WILDLIFE MANAGEMENT AREAS, COMMUNITY HUNTING AREAS, SPECIAL OPPORTUNITY AREAS, PHYSICALLY DISABLED HUNTING AREAS, AND REFUGE AREAS, all of which are established as "Wildlife Management Areas" by Rule 220-2-.22 and all of which are hereinafter sometimes collectively referred to herein as "AREAS" or "AREA":
(a) To hunt; trap; use dogs; or possess firearms (see (b) for exceptions), traps, or bow and arrow, except bow fishing equipment, without a valid Wildlife Management Area (WMA) License (required for deer, turkey, and waterfowl), PLUS the applicable Resident or Non-resident Hunting License [for Alabama residents 16 through 64 years of age or nonresidents 16 years of age and older]. Provided however, that properly licensed persons under the "Wildlife Heritage License" may hunt legal small game, except waterfowl, on AREAS without the other licenses described herein unless required for limited quota hunts. PLUS, in order to hunt waterfowl on AREAS, all licensed hunters must have, in addition to the otherwise required licenses, a current HIP certification, a valid State Waterfowl Stamp (if required) and a valid Federal Waterfowl Stamp (if required). In addition to license and stamp requirements, an AREA Permit and a WMA Daily Permit are required unless using the Outdoor Alabama WMA Check-In application to check in and out each hunt day. For those using the WMA Daily Permit, the tear-off stub with the number matching the Daily Permit must be deposited in the return slot of the self-service box. The remaining Permit portion is to be retained in possession of the hunter while hunting, filled out completely, and deposited into the return slot of the self-service box at an AREA check station or kiosk.
(b) Nothing in this regulation prohibits the possession of handguns by lawfully authorized persons for personal protection. Refer to 220-2-.126 for Public Shooting Range Regulation pertaining to the use of shooting ranges located on AREAS. All other possession of arms and ammunition must align with scheduled AREA seasons during legal hunting hours and are limited to those permitted for each game species as detailed in this regulation
(c) To use dogs for stalk hunting of deer or for turkey hunting. (Leashed dogs may be used for the expressed purpose of retrieving wounded deer, limited to two (2) dogs for each tracking event.)
(d) To use dogs for hunting of feral swine or small game where dogs are expressly prohibited (except for the scheduled special feral swine dog hunt on W.L. Holland and Mobile-Tensaw Delta WMAs).
(e) To use dogs for hunting, training, or any other purpose outside any AREA established season.
(f) To conduct organized man drives during stalk deer hunts outside the hours of 10:00AM - 2:00PM.
(g) For any person under 16 years of age to hunt on any AREA unless accompanied by an adult who is either 21 years of age or older or the parent, and who is in possession of all state hunting licenses, stamps, and permits required to hunt on an AREA.
(h) To exceed daily or seasonal regular state bag limit for any game species unless otherwise specified for AREA.
(i) To have in possession any fully automatic rifle or any firearms, ammunition, or bow and arrow except as described below:
DEER: Stalk Hunting - Rifles using centerfire mushrooming ammunition, pre-charged pneumatic arrow shooting rifles using an arrow equipped with a broadhead which has a minimum cutting diameter of 7/8" and two (2) sharpened edges, pre-charged pneumatic air powered guns .30 caliber or larger, shotguns 10 gauge or smaller using slugs or a single round ball, muzzle-loading firearms .40 caliber or larger, or handguns or pistols using centerfire mushrooming ammunition. All applicable laws regarding possessing and carrying handguns must be followed.
DEER: Stalk Hunting - Primitive Weapons Hunt -Muzzle-loading rifle, or muzzle-loading handguns .40 caliber or larger, muzzle-loading shotguns, pre-charged pneumatic arrow shooting rifles using an arrow equipped with a broadhead which has a minimum cutting diameter of 7/8" and two (2) sharpened edges, pre-charged pneumatic airpowered guns .30 caliber or larger, or bow and arrow (including crossbow, see (1)(i)13. below).
DEER: Stalk Hunting - Archery - bow and arrow (including crossbows, see (1)(i)13. Below).
DEER: Dog Hunts - Shotguns 10 gauge or smaller using buckshot only.
FERAL SWINE SPECIAL SEASONS: The same provisions as set out in (1)(i)1. and (1)(i)2. above, except at Seven Mile Island where Primitive Weapons Stalk Deer Hunt provisions only apply, as set out in (1)(i)2. above, with the addition of shotguns with slugs. OUTSIDE SPECIAL SEASONS: May be killed during any scheduled AREA hunt using arms and ammunition that are legal for such designated hunts during daylight hours only.
TURKEY: Shotguns 10 gauge or smaller using No. 2 shot or smaller and bow and arrow (including crossbows, see (1)(i)13. below).
DOVE, WOODCOCK, SNIPE, AND RAIL: Shotguns 10 gauge or smaller, plugged with a one-piece filler incapable of removal without disassembling the gun or otherwise incapable of holding more than 3 shells, using No. 2 shot or smaller and bow and arrow (including crossbows, see (1)(i)13. below).
WATERFOWL & SANDHILL CRANE: Shotguns 10 gauge or smaller, plugged with a one-piece filler incapable of removal without disassembling the gun or otherwise incapable of holding more than 3 shells, using steel shot, T size or smaller and bow and arrow (including crossbows, see (1)(i)13. below). Waterfowl may also be hunted with other U.S. Fish and Wildlife Service approved shot and sizes.
QUAIL: Shotguns 10 gauge or smaller using No. 4 shot or smaller and bow and arrow (including crossbows, see (1)(i)13. below).
SQUIRREL, CROW, AND RABBIT: Shotguns 10 gauge or smaller using No. 4 shot or smaller, rimfire firearms, muzzle-loading rifles and muzzle-loading handguns .40 caliber or smaller, rifles operated by air, and bow and arrow (including crossbows, see (1)(i)13. below).
RACCOON AND OPOSSUM - Daylight hours: Shotguns 10 gauge or smaller using No. 4 shot or smaller, rimfire firearms, and bow and arrow (including crossbows, see (1)(i)13. below). Nighttime hours: Shotguns using No. 4 shot or smaller or .22 caliber rimfire firearms.
BOBCAT, COYOTE, AND FOX: May be hunted during any scheduled AREA hunt using weapons and ammunition that are legal for such designated hunts during daylight hours only.
BOW AND ARROW (including Crossbows): Conforming to the provisions of Rule 220-2-.03, will be legal on all AREA scheduled hunts. Crossbows will be legal during any open bow and arrow season dates for any species. All archery equipment used during the bow fishing season of March 1 - August 31 must conform to the provisions of Rule 220-2-.46, relating to bow fishing.
FALCONRY: Will be legal on all AREA scheduled small game hunts for legally permitted falconers.
TRAPPING: Standard .22 caliber or smaller rimfire firearms only (no magnums), during daylight hours only.
(j) To trap furbearers except as permitted under 220-2-.30 and as specified for each AREA in 220-2-.56.
(k) For any person to possess or to carry in or on a vehicle, any of the following: any firearms [including pistols/ handguns, except as described in (1)(ii) below] with ammunition in the magazine, breech or clip attached to firearms, or black powder weapons with primer, cap or flash powder in place, or cocked crossbows.
(l) For hunters on dog deer hunts to leave stand assigned to them until instructed or to hunt from an elevated tree stand at their assigned location. The Geneva State Forest WMA limited quota dog hunt will be limited to 100 hunters. The Geneva State Forest WMA youth dog hunt will be limited to 75 youth hunters. The Blue Spring WMA limited quota hunt will be limited to 300 hunters per hunt. All hunters must be registered and permitted through a limited quota hunt registration. All permitted hunters may bring one guest along to accompany them on the stand. All adult guests must be properly licensed, and all youth hunters must be 8-15 years of age. Only one firearm is permitted per stand. Further, it shall be unlawful for any hunter to release a dog not approved by Wildlife and Freshwater Fisheries Division (WFF) personnel on the Geneva State Forest WMA during the designated dog hunts.
(m) To camp on any AREA except in designated sites. Campers using generators must camp in sites designated for generator use. On AREAS located on U. S. Forest Service lands, hunters must camp in designated camping areas, unless excepted by U.S. Forest Service rules specific to a Ranger District. Individuals or groups may camp on AREAS for a period not to exceed nine (9) days in any thirty (30) day period. Campfires must be extinguished before departing. No warming fires shall be permitted away from the camping area. All campers (portable shelters on wheels) must be removed from Barbour or Freedom Hills WMAs by sundown on the first Sunday following the last day of turkey season; otherwise, the camper may be towed from the AREA at the owner's expense; or, may be relocated to another portion of the AREA without WFF personnel being responsible for any damages or loss and the owner assessed a $10.00 a day storage fee. No campers are permitted on Barbour or Freedom Hills WMAs, until September 1, unless approved by written permit issued by the AREA biologist. All campers left unattended overnight must display the owner's contact information to include name, address, and phone numbers.
(n) To kill or willfully molest any species of wildlife except designated game species while legally hunting.
(o) To discharge fireworks at any time.
(p) To discharge firearms for target practice except on designated target ranges in accordance with listed rules during posted times and dates.
(q) To hunt or discharge firearms within 150 yards of any camping area, dwelling, dam or timber operation; within 100 yards of any paved public road or highway; within a posted safety zone; or from within the right-of-way of any developed road (paved or unpaved) which is open for vehicular traffic [provided, however, that standers hunting the WMA roads closed to vehicular traffic (roads closed with gates and/or signage indicating closed to vehicular traffic) on Geneva State Forest and Upper Delta WMAs are allowed during scheduled dog deer hunts; hunters using shotguns with No. 6 shot or smaller are allowed to hunt AREA roads and right-of-ways, excluding any named county or state roads]. On AREAS located within U.S. Forest Service lands, hunters must adhere to U.S. Forest Service rules specific to that Ranger District.
(r) To transport harvested deer or turkey from any AREA before reporting harvest in the Game Check System. Hunters must also submit such harvests at the WMA check station for data collection if hunt date is indicated as a mandatory check station day on the Outdoor Alabama WMA Application or AREA map Permit. All other harvested game must be recorded on the Outdoor Alabama WMA Application or WMA Daily Permit.
(s) For any person, except authorized personnel, to operate any motor driven vehicle (including e-bikes) behind, under, or around any locked gate, barricaded road, or sign which prohibits vehicular traffic. Individuals with a mobility disability may request authorization in writing to use motorized vehicles or other power-driven mobility devices on AREAS. Such request will be evaluated based on the provisions of the Americans with Disabilities Act of 1990, as amended, and 28 C.F.R. § 35.137.
(t) For any unauthorized person to possess and/or operate ANY UNLICENSED MOTOR DRIVEN VEHICLE (i.e. ATV, UTV, or motorcycle on Charles D. Kelley-Autauga, Black Warrior, Blue Spring, Boggy Hollow, William R. Ireland, Sr. - Cahaba River, Choccolocco, Coosa, David K. Nelson, Hollins, Jackson County Waterfowl Areas (except Coon Gulf Tract), Little River, Lowndes, Martin Community Hunting Area, Mulberry Fork, Oakmulgee, Perdido River, Red Hills, and Forever Wild Gothard - AWF Yates Lake AREAS.
(u) For any unauthorized person to possess or operate ANY UNLICENSED MOTOR DRIVEN VEHICLE (i.e. ATV, UTV, or motorcycle) on Barbour, Coon Gulf Tract of Jackson County Waterfowl Areas, Freedom Hills, Geneva State Forest, Grand Bay Savanna, James D. Martin-Skyline, Lauderdale, Mobile-Tensaw Delta, W.L. Holland, Sam R. Murphy, Riverton, Seven Mile Island, Swan Creek, Mallard Fox Creek, and Upper Delta AREAS, except when utilized for the express purpose of hunting, fishing, trapping, camping, or related activities; and when operated only on regularly used roads depicted on WMA map to be open for motorized vehicle traffic (excluding Geneva State Forest Zone B).
(v) For any unauthorized person to possess or operate ANY LICENSED MOTOR DRIVEN VEHICLE on any AREA (i.e. ATV, UTV, or motorcycle, except when utilized for the express purpose of hunting, fishing, trapping, camping, or by written permission from Alabama Division of Wildlife and Freshwater Fisheries (WFF) Assistant Chief or Chief (excluding AREAS established within the boundaries of U.S. Forest Service National Forests or other cooperating agency lands that otherwise regulate such activities), and when operated only on regularly used roads depicted on AREA Permit to be open for motorized vehicle traffic.
(w) For any unauthorized person to ride or possess horses on any AREA except on roads open to motorized vehicles, excluding Geneva State Forest Zone A (where no horses are permitted); and in areas, roads, and trails, designated as open to horses, excluding Geneva State Forest Zone A (where no horses are permitted). On Coosa WMA horses are not permitted in the campgrounds from October 1 until after the last day of turkey season.
(x) For any unauthorized person to ride or possess horses on any AREA on days of scheduled gun deer hunts and during legal hours of turkey hunting, except those portions of AREAS kept open to such activity by the National Park Service, U.S. Forest Service, and except on Freedom Hills, James D. Martin-Skyline, the Jacinto Port Tract of W.L. Holland, and Mobile-Tensaw Delta AREAS where horses are only allowed on designated horse trails. At Freedom Hills, the Jacinto Port Tract of W.L. Holland, and Mobile-Tensaw Delta AREAS horses are only allowed from March 1 to the beginning of turkey season and May 15 to September 14. Riding or possession of horses on any AREA, except those on National Park Service lands, U.S. Forest Service lands, and Geneva State Forest, shall be restricted to holders of a valid WMA license and a valid AREA Permit.
(y) For any person to hunt or trap any wildlife species (except turkey, migratory birds, crows, and while hunting legally designated species during legal nighttime hours) without wearing a minimum of 144 square inches of hunter orange or full-sized hunter orange hat, except when hunting from an elevated tree stand twelve (12) feet or more from the ground, when hunting in an enclosed blind, or when traveling in an enclosed vehicle. A small logo and/or printing is permitted on the front of the hunter orange hat.
(z) For any person except authorized personnel to block or otherwise stop traffic on any road or at any gate by parking a vehicle in such a way that passage around the vehicle, or access to the gate, is impeded.
(aa) For any person to possess, deposit, distribute, or scatter grain/corn, salt, litter, or any other materials on any AREA without receiving approval from the Wildlife and Freshwater Fisheries Division.
(bb) To damage or remove any artifacts, trees, firewood, plants, dirt, gravel, or sod without legal authorization.
(cc) To construct or erect any permanent tree stand or blind or to install any screw-in type steps, spikes, or nails, or otherwise damage any tree. Portable stands may not be installed prior to 7 days before the opening of archery season, nor left on any AREA longer than 7 days following the closure of the AREA's last deer hunt. Stands not in compliance with this regulation may be confiscated and disposed of by WFF.
(dd) To intentionally cast a light of any kind, either handheld, affixed to a vehicle, or otherwise, between the hours of sunset and sunrise from motor vehicles except those vehicles traveling in a normal manner on an open established road.
(ee) To hunt from an elevated stand or platform without attaching themselves to the tree or platform with a full body safety harness capable of supporting their weight. Tree saddle hunters must remain connected to tree at all times by means of a lineman's belt or tether.
(ff) To violate any restrictions posted on the Outdoor Alabama WMA Check-In application, AREA map permit, or WMA Daily Permit, or posted restrictions regarding entry, hunting, fishing, or other conduct.
(gg) To release any animal, bird, fish, or other wildlife on any AREA without first obtaining written permission from the Wildlife and Freshwater Fisheries Division.
(hh) To possess any open alcoholic beverages outside designated camping areas.
(ii) For any person to possess any firearm while hunting with bow and arrow or crossbow, except on days of hunter's choice gun deer hunts. Nothing in this regulation prohibits the possession of handguns by lawfully authorized persons for personal protection, provided the handguns are not used to hunt, take, or attempt to take wildlife except as otherwise provided by this regulation.
(jj) To possess or use any wild turkey calls to mimic sounds made by wild turkeys from March 1 until the opening day of youth turkey seasons and from the close of youth turkey season to the opening day of physically disabled turkey season or regular turkey season opening day on AREAs with turkey seasons.
(kk) For anyone 16 years of age or older to hunt any species on any AREA on days of youth gun deer hunts, or for anyone to hunt small game during primitive weapon or gun deer hunts, except on Grand Bay Savanna, W.L. Holland, Mobile-Tensaw Delta, and Red Hills WMAs, and except waterfowl in Upper Delta (Zone B) WMA.
(ll) For any unauthorized person to possess or use any game camera/device capable of monitoring remotely and/or capable of automatically transmitting photos and/or videos from March 1 - May 31 on any AREA without first obtaining written permission from the Wildlife and Freshwater Fisheries Division.
(mm) For any unauthorized person to launch, land or possess or use any unmanned aerial vehicle (UAV)/drone on any AREA without first obtaining written permission from the Wildlife and Freshwater Fisheries Division.
(2) Individuals must follow the listed rules to participate in the scheduled youth hunts on any AREA.
(a) Youth participants must be accompanied by an adult supervisor. The adult supervisor is to remain within 30 feet of the youth at all times.
(b) Youth is defined as those individuals who have not reached their 16th birthday.
(c) Adult is defined as those individuals 21 years of age or older or the parent of the youth who are in possession of all required state hunting licenses, stamps, and permits as described in (1)(a).
(d) Only one firearm will be allowed for each youth. Only the youth hunter will be permitted to utilize the firearm for hunting.
(3) Special Opportunity Areas (SOA) -
(a) Hunting on Blackwater River, Cedar Creek, Choctaw NWR (Primitive Weapon Deer Hunt), Crow Creek, Fred T. Stimpson, Portland Landing, Prairie Glades, Uchee Creek, Upper State, Little River, and Thigpen Hill Special Opportunity Areas (SOA) will be permitted through a limited quota permit system determined by random computerized selection. In order to apply, ALL applicants are required to obtain a Conservation Identification Number (CID). Those residents who are 16 to 64 years of age and non-residents 16 years of age or older must have a valid WMA license to register for the SOA hunt selection process. Applicants must visit www.outdooralabama.com to register for a limited number of quota permits available for hunts on these AREAS.
(b) Successful resident applicants and hunting guests 16 to 64 years of age and non-residents 16 years of age or older must obtain and have in possession a valid Alabama hunting license, WMA license, HIP, and state and federal duck stamps if applicable. Any violation of any rules, regulations, or laws by permit holder or guest while hunting on any SOA will result in those individuals forfeiting the remainder of their hunt and forfeiting their SOA eligibility for the remainder of the current season and the entire following season . Failure to participate in a solicited hunt without providing Wildlife and Freshwater Fisheries 7 days prior notice of cancellation, by email to the hunt coordinator, will result in that individual losing their eligibility for future SOA hunts.
(c) Permit holders and guests shall only hunt and scout in their assigned hunt unit(s) on specified dates. All other access on any SOA is restricted (excluding Choctaw NWR) to foot traffic and non-motorized vehicles only and only during daylight hours from May 15 to September 1 with the exception of Crow Creek, Fred T. Stimpson, Upper State, and Prairie Glades where all other access is restricted.
(d) During the SOA hunts, permit holders and guests may use licensed and unlicensed vehicles (eg. UTV, ATV, or electric bike) on roads open to motorized vehicles to access their assigned hunt unit, unless specified otherwise.
(e) All deer and turkey hunters are required to report all harvests pursuant to the Game Check requirements in regulation 220-2-.146. It shall be unlawful for any limited quota permitted hunter to hunt without checking in and out of the SOA daily using the Outdoor Alabama WMA Check-In Application or with a WMA Daily Permit from self-service kiosk. When using the WMA Daily Permit, the tear-off stub with number matching Daily Permit must be filled out and deposited in return slot of self-service box. The Harvest Report portion of the Permit is to be retained in possession of the hunter until the end of the day, then filled out and deposited in the self-service box before leaving the SOA each day. Hunters are required to email pictures of their harvest to the managing biologist within one week of hunt dates.
Other requirements for hunters participating in limited quota hunts on the SOAs include:
(a) District II -
On Crow Creek SOA :
(i) Archery Deer Hunts:
(I) It shall be unlawful to access or hunt on Crow Creek SOA unless selected for a limited quota permit for specific hunt dates on the assigned hunt unit. The permit holder and one properly licensed guest may only access (excluding approved scouting days) and hunt the assigned hunt unit for those permitted times and days.
(II) Hunters may enter the Crow Creek SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset; Hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(III) It shall be unlawful to operate any motorized vehicle on the SOA without WFF written authorization.
(IV) It shall be unlawful to use gasoline-powered motors on the SOA.
(V) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(ii) Waterfowl Hunts:
(I) It shall be unlawful to access or hunt on Crow Creek SOA unless selected for a limited quota permit for specific hunt dates on the assigned SOA and hunt unit(s). The permit holder and four properly licensed guest(s) may only access (excluding approved scouting days) and hunt the assigned SOA and hunt unit(s) for those permitted times and days. The guests may be different people each hunt day.
(II) Hunters may enter the Crow Creek SOA at 4:00 AM; Hunting may begin at legal shooting hours; all hunting activity is prohibited after 12:00 noon; and all parties must exit the SOA no later than 1:30 PM. It shall be unlawful to leave assigned hunt unit except when departing the SOA for the day.
(III) It shall be unlawful to operate any motorized vehicle on the SOA without WFF written authorization.
(IV) It shall be unlawful to use gasoline-powered motors on the SOA.
(V) Temporary blinds may be used for the duration of the hunt and must be removed by permit holder on last hunt day.
(b) District III -
On Cedar Creek and Portland Landing SOA :
(i) It shall be unlawful to hunt on Cedar Creek and Portland Landing SOA unless selected for a limited quota permit for specific hunt dates on the assigned SOA and hunt unit(s). The permit holder and allowed guest(s) may only access (excluding approved scouting days) and hunt the assigned SOA and hunt unit(s) for those permitted days.
(ii) Deer Hunts:
(I) Each deer hunt begins at 12:00 noon on day one and ends at 12:00 noon on day four. With the exception of the day one start time and day four end time, hunters may enter the SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset each day. Hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(II) Antlered bucks harvested are required to have a minimum inside spread of 16" or 18" main beam (3x the length of the ear).
(III) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(IV) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Deer hunters are also required to extract a lower jawbone from deer harvested and leave it at SOA kiosk.
(iii) Turkey Hunts:
(I) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each turkey hunt begins at and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset; each turkey hunt ends at 1:30 PM on the last day.
(II) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(III) Turkey hunters are required to record the harvest date, body weight, spur length, and beard length of all harvested turkeys on provided data forms, as well as complete the provided hunter observation data sheet.
(iv) Small Game Hunts:
(I) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each small game hunt begins and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset. No scouting days prior to hunt dates.
(II) Permit holder may be accompanied by up to three properly licensed guests. The guests may be different people each hunt day. Youth under 16 years, and up to three properly licensed guests, are allowed to accompany permit holder.
(v) Waterfowl Hunts:
(I) Hunters may enter the Portland Landing SOA (no waterfowl hunt on Cedar Creek SOA) at 4:00 AM; Hunting may begin at legal shooting hours; all hunting activity is prohibited after 12:00 noon; and all parties must exit the SOA no later than 1:30 PM. It shall be unlawful to leave assigned hunt unit except when departing the SOA for the day.
(II) Permit holder may be accompanied by three properly licensed guests. Guests may be different people each hunt day.
(vi) Dove Hunts:
(I) Travel to assigned hunt unit(s) shall be from 12:00 noon to 1:00 PM. All hunts end at legal sunset.
(II) Permit holder is allowed one properly licensed guest. The permit holder and guest may bring one youth each 8 - 15 years of age.
(c) District IV -
On Uchee Creek SOA :
(i) It shall be unlawful to hunt on Uchee Creek SOA unless selected for a limited quota permit for specific hunt dates on the assigned SOA and hunt unit(s). The permit holder and allowed guest(s) may only access (excluding approved scouting days) and hunt the assigned SOA and hunt unit(s) for those permitted days.
(ii) Deer Hunts:
(I) Each deer hunt begins at 12:00 noon on day one and ends at 12:00 noon on day four. With the exception of the day one start time and day four end time, hunters may enter the SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset each day. Hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(II) Antlered bucks harvested are required to have a minimum inside spread of 16" or 18" main beam (3x the length of the ear).
(III) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(IV) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Deer hunters are also required to extract a lower jawbone from deer harvested and leave it at SOA kiosk.
(iii) Turkey Hunts:
(I) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each turkey hunt begins and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset; each turkey hunt ends at 1:30 PM on the last day.
(II) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(III) Turkey hunters are required to record the harvest date, body weight, spur length, and beard length of all harvested turkeys on provided data forms, as well as complete the provided hunter observation data sheet.
(iv) Small Game Hunts:
(I) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each small game hunt begins and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset. No scouting days prior to hunt dates.
(II) Permit holder may be accompanied by up to three properly licensed guests. The guests may be different people each hunt day.
(v) Waterfowl Hunts:
(I) Hunters may enter the SOA at 4:00 AM; hunting may begin at legal shooting hours; all hunting activity is prohibited after 12:00 noon; and all parties must exit the SOA no later than 1:30 PM. It shall be unlawful to leave assigned hunt unit except when departing the SOA for the day.
(II) Permit holder may be accompanied by three properly licensed guests. Guests may be different people each hunt day.
(i) It shall be unlawful to access or hunt on Prairie Glades SOA unless selected for a limited quota permit for specific hunt dates on assigned SOA and hunt unit(s). The permit holder and one guest may only access (excluding approved scouting days) and hunt the assigned SOA and hunt unit(s) for those permitted days.
(ii) Deer Hunts:
(I) Hunters may enter the Prairie Glades SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset; hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(iii) Dove Hunts:
(I) Travel to assigned hunt unit(s) shall be from 12:00 noon to 1:00 PM during the first season segment (September and October) and 11:00 AM to 12:00 noon during the second and third season segments (November, December, and January). All hunts end at legal sunset.
(II) Permit holder is allowed one properly licensed guest. The permit holder and guest may bring one youth each 8 - 15 years of age.
(d) District V -
On Blackwater River SOA :
(i) It shall be unlawful to hunt on Blackwater River SOA unless selected for a limited quota permit for specific hunt dates on the assigned SOA and hunt unit(s). The permit holder and allowed guest(s) may only access (excluding approved scouting days) and hunt the assigned SOA and hunt unit(s) for those permitted days.
(ii) Deer Hunts:
(I) Each deer hunt begins at 12:00 noon on day one and ends at 12:00 noon on day four. With the exception of the day one start time and day four end time, hunters may enter the SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset each day. Hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(II) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(III) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Deer hunters are also required to extract a lower jawbone from deer harvested and leave it at SOA kiosk.
(iii) Dove Hunts:
(I) Travel to assigned hunt unit(s) shall be from 12:00 noon to 1:00 PM. All hunts end at legal sunset.
(II) Permit holder is allowed one properly licensed guest. The permit holder and guest may bring one youth each 8 - 15 years of age.
(i) Primitive Weapons Deer Hunt:
(I) It shall be unlawful to hunt on Choctaw NWR SOA during specific primitive weapons hunt dates unless selected for a limited quota permit on assigned hunt unit(s). The permit holder and allowed guest may only hunt the assigned SOA and hunt unit(s) for those permitted times and days.
(II) Each deer hunt begins at 12:00 noon on day one and ends at 12:00 PM on day four of the hunt. With the exception of the day one start time and day four end time, hunters may enter the SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset each day. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(III) Permit holder is allowed one properly licensed guest each day. The guest may be a different person each hunt day, but the guest bag is cumulative.
(IV) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Deer hunters are also required to extract a lower jawbone from each deer harvested and leave it at SOA/NWR kiosk.
(i) It shall be unlawful to hunt on Fred T. Stimpson SOA unless selected for a limited quota permit for specific hunt dates on the assigned SOA and hunt unit(s). The permit holder and allowed guest(s) may only access (excluding approved scouting days) and hunt the assigned SOA and hunt unit(s) for those permitted.
(ii) Archery Deer Hunts:
(I) Each deer hunt begins at 12:00 noon on day one and ends at 12:00 noon on day four. With the exception of the day one start time and day four end time, hunters may enter the SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset each day. Hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(II) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(III) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Deer hunters are also required to extract a lower jawbone from deer harvested and leave it at SOA kiosk.
(iii) Youth Gun Deer Hunts:
(I) Permit holder 21 years of age or older or the parent of one of the youth may be accompanied by up to two youth guest hunters (8-15 years of age). The permit holder may also have a properly licensed supervising adult being 21 years of age or older or a parent of one of the youth. Hunters may only hunt in their assigned hunt unit on their specified hunt date. Only the youth may hunt.
(II) On the specified two-day hunt, hunters may sign in beginning at 5:00 AM. All hunters must be signed in prior to legal sunrise. All hunters must check out within 11/2 hours after legal sunset. Travel to and from assigned hunt unit will be allowed between the hours of 10:00 AM and 2:00 PM.
(III) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Youth deer hunters are also required to extract a lower jawbone from each deer harvested and leave it at SOA kiosk.
(iv) Youth Squirrel Hunts:
(I) Permit holder 21 years of age or older or the parent of one of the youth must be accompanied by one youth hunter and will be allowed to have two additional youth guest hunters and one properly licensed supervising adult 21 years of age or older or a parent of one of the youth, for a maximum of five hunters to a party for each hunt unit. Hunters are only allowed to hunt in their assigned hunt unit on their assigned hunt date. Both youth and supervisors are allowed to hunt.
(II) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each small game hunt begins and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset. No scouting days prior to hunt dates.
(v) Turkey Hunts:
(I) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each turkey hunt begins and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset; each turkey hunt ends at 1:30 PM on the last day.
(II) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(III) Turkey hunters are required to record the harvest date, body weight, spur length, and beard length of all harvested turkeys on provided data forms, as well as complete the provided hunter observation data sheet.
(i) It shall be unlawful to hunt on Little River and Thigpen Hill SOA unless selected for a limited quota permit for specific hunt dates on the assigned SOA and hunt unit(s). The permit holder and allowed guest(s) may only access (excluding approved scouting days) and hunt the assigned SOA and hunt unit(s) for those permitted days.
(ii) Deer Hunts:
(I) Each deer hunt begins at 12:00 noon on day one and ends at 12:00 noon on day four. With the exception of the day one start time and day four end time, hunters may enter the SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset each day. Hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(II) Antlered bucks harvested are required to have at least three antler points (1 inch or longer) on at least one side.
(III) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(IV) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Deer hunters are also required to extract a lower jawbone from deer harvested and leave it at SOA kiosk.
(iii) Youth Gun Deer Hunts:
(I) Permit holder 21 years of age or older or the parent of one of the youth may be accompanied by up to two youth guest hunters. The permit holder may also have a properly licensed supervising adult being 21 years of age or older or a parent of one of the youth. Hunters may only hunt in their assigned hunt unit on their specified hunt date. Only the youth may hunt.
(II) On the specified two-day hunt, hunters may enter the SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset each day. Hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(III) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Deer hunters are also required to extract a lower jawbone from each deer harvested and leave it at SOA kiosk.
(iv) Turkey Hunts:
(I) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each turkey hunt begins and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset; each turkey hunt ends at 1:30 PM on the last day.
(II) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(III) Turkey hunters are required to record the harvest date, body weight, spur length, and beard length of all harvested turkeys on provided data forms, as well as complete the provided hunter observation data sheet.
(v) Small Game Hunts:
(I) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each small game hunt begins and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset. No scouting days prior to hunt dates.
(II) Permit holder may be accompanied by up to three properly licensed guests. The guests may be different people each hunt day.
(i) It shall be unlawful to hunt on Upper State SOA unless selected for a limited quota permit for specific hunt dates on the assigned SOA and hunt unit(s). The permit holder and allowed guest(s) may only access (excluding approved scouting days) and hunt the assigned SOA and hunt unit(s) for those permitted days.
(ii) Archery Deer Hunts:
(I) Each deer hunt begins at 12:00 noon on day one and ends at 12:00 noon on day four. With the exception of the day one start time and day four end time, hunters may enter the SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset each day. Hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(II) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(III) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Deer hunters are also required to extract a lower jawbone from each deer harvested and leave it at SOA kiosk.
(iii) Turkey Hunts:
(I) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each turkey hunt begins and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset; each turkey hunt ends at 1:30 PM on the last day.
(II) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(III) Turkey hunters are required to record the harvest date, body weight, spur length, and beard length of all harvested turkeys on provided data forms, as well as complete the provided hunter observation data sheet.
(1) It shall be unlawful on ALL DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, WILDLIFE AND FRESHWATER FISHERIES DIVISION MANAGED WILDLIFE MANAGEMENT AREAS, COMMUNITY HUNTING AREAS, SPECIAL OPPORTUNITY AREAS, PHYSICALLY DISABLED HUNTING AREAS, AND REFUGE AREAS, all of which are established as "Wildlife Management Areas" by Rule 220-2-.22 and all of which are hereinafter sometimes collectively referred to herein as "AREAS" or "AREA":
(a) To hunt; trap; use dogs; or possess firearms (see (b) for exceptions), traps, or bow and arrow, except bow fishing equipment, without a valid Wildlife Management Area (WMA) License (required for deer, turkey, and waterfowl), PLUS the applicable Resident or Non-resident Hunting License [for Alabama residents 16 through 64 years of age or nonresidents 16 years of age and older]. Provided however, that properly licensed persons under the "Wildlife Heritage License" may hunt legal small game, except waterfowl, on AREAS without the other licenses described herein unless required for limited quota hunts. PLUS, in order to hunt waterfowl on AREAS, all licensed hunters must have, in addition to the otherwise required licenses, a current HIP certification, a valid State Waterfowl Stamp (if required) and a valid Federal Waterfowl Stamp (if required). In addition to license and stamp requirements, an AREA Permit and a WMA Daily Permit are required unless using the Outdoor Alabama WMA Check-In application to check in and out each hunt day. For those using the WMA Daily Permit, the tear-off stub with the number matching the Daily Permit must be deposited in the return slot of the self-service box. The remaining Permit portion is to be retained in possession of the hunter while hunting, filled out completely, and deposited into the return slot of the self-service box at an AREA check station or kiosk for each day hunted lawfully authorized handguns possessed for personal protection.
(b) Nothing in this regulation prohibits the possession of handguns by lawfully authorized persons for personal protection. Refer to 220-2-.126 for Public Shooting Range Regulation pertaining to the use of shooting ranges located on AREAS. All other possession of arms and ammunition must align with scheduled AREA seasons during legal hunting hours and are limited to those permitted for each game species as detailed in this regulation
(c) To use dogs for stalk hunting of deer or for turkey hunting. (Leashed dogs may be used for the expressed purpose of retrieving wounded deer, limited to two (2) dogs for each tracking event.)
(d) To use dogs for hunting of feral swine or small game where dogs are expressly prohibited (except for the scheduled special feral swine dog hunt on W.L. Holland and Mobile-Tensaw Delta WMAs).
(e) To use dogs for hunting, training, or any other purpose outside any AREA established season.
(f) To conduct organized man drives during stalk deer hunts outside the hours of 10:00AM - 2:00PM.
(g) For any person under 16 years of age to hunt on any AREA unless accompanied by an adult who is either 21 years of age or older or the parent, and who is in possession of all state hunting licenses, stamps, and permits required to hunt on an AREA.
(h) To exceed daily or seasonal regular state bag limit for any game species unless otherwise specified for AREA.
(i) To have in possession any fully automatic rifle or any firearms, ammunition, or bow and arrow except as described below:
DEER: Stalk Hunting - Rifles using centerfire mushrooming ammunition, pre-charged pneumatic arrow shooting rifles using an arrow equipped with a broadhead which has a minimum cutting diameter of 7/8" and two (2) sharpened edges, pre-charged pneumatic air powered guns .30 caliber or larger, shotguns 10 gauge or smaller using slugs or a single round ball, muzzle-loading firearms .40 caliber or larger, or handguns or pistols using centerfire mushrooming ammunition. All applicable laws regarding possessing and carrying handguns must be followed.
DEER: Stalk Hunting - Primitive Weapons Hunt -Muzzle-loading rifle, or muzzle-loading handguns .40 caliber or larger, muzzle-loading shotguns, pre-charged pneumatic arrow shooting rifles using an arrow equipped with a broadhead which has a minimum cutting diameter of 7/8" and two (2) sharpened edges, pre-charged pneumatic airpowered guns .30 caliber or larger, or bow and arrow (including crossbow, see (1)(i)13. below).
DEER: Stalk Hunting - Archery - bow and arrow (including crossbows, see (1)(i)13. Below).
DEER: Dog Hunts - Shotguns 10 gauge or smaller using buckshot only.
FERAL SWINE SPECIAL SEASONS: The same provisions as set out in (1)(i)1. and (1)(i)2. above, except at Seven Mile Island where Primitive Weapons Stalk Deer Hunt provisions only apply, as set out in (1)(i)2. above, with the addition of shotguns with slugs. OUTSIDE SPECIAL SEASONS: May be killed during any scheduled AREA hunt using arms and ammunition that are legal for such designated hunts during daylight hours only.
TURKEY: Shotguns 10 gauge or smaller using No. 2 shot or smaller and bow and arrow (including crossbows, see (1)(i)13. below).
DOVE, WOODCOCK, SNIPE, AND RAIL: Shotguns 10 gauge or smaller, plugged with a one-piece filler incapable of removal without disassembling the gun or otherwise incapable of holding more than 3 shells, using No. 2 shot or smaller and bow and arrow (including crossbows, see (1)(i)13. below).
WATERFOWL & SANDHILL CRANE: Shotguns 10 gauge or smaller, plugged with a one-piece filler incapable of removal without disassembling the gun or otherwise incapable of holding more than 3 shells, using steel shot, T size or smaller and bow and arrow (including crossbows, see (1)(i)13. below). Waterfowl may also be hunted with other U.S. Fish and Wildlife Service approved shot and sizes.
QUAIL: Shotguns 10 gauge or smaller using No. 4 shot or smaller and bow and arrow (including crossbows, see (1)(i)13. below).
SQUIRREL, CROW, AND RABBIT: Shotguns 10 gauge or smaller using No. 4 shot or smaller, rimfire firearms, muzzle-loading rifles and muzzle-loading handguns .40 caliber or smaller, rifles operated by air, and bow and arrow (including crossbows, see (1)(i)13. below).
RACCOON AND OPOSSUM - Daylight hours: Shotguns 10 gauge or smaller using No. 4 shot or smaller, rimfire firearms, and bow and arrow (including crossbows, see (1)(i)13. below). Nighttime hours: Shotguns using No. 4 shot or smaller or .22 caliber rimfire firearms.
BOBCAT, COYOTE, AND FOX: May be hunted during any scheduled AREA hunt using weapons and ammunition that are legal for such designated hunts during daylight hours only.
BOW AND ARROW (including Crossbows): Conforming to the provisions of Rule 220-2-.03, will be legal on all AREA scheduled hunts. Crossbows will be legal during any open bow and arrow season dates for any species. All archery equipment used during the bow fishing season of March 1 - August 31 must conform to the provisions of Rule 220-2-.46, relating to bow fishing.
FALCONRY: Will be legal on all AREA scheduled small game hunts for legally permitted falconers.
TRAPPING: Standard .22 caliber or smaller rimfire firearms only (no magnums), during daylight hours only.
(j) To trap furbearers except as permitted under 220-2-.30 and as specified for each AREA in 220-2-.56.
(k) For any person to possess or to carry in or on a vehicle, any of the following: any firearms [including pistols/ handguns, except as described in (1)(ii) below] with ammunition in the magazine, breech or clip attached to firearms, or black powder weapons with primer, cap or flash powder in place, or cocked crossbows.
(l) For hunters on dog deer hunts to leave stand assigned to them until instructed or to hunt from an elevated tree stand at their assigned location. The Geneva State Forest WMA limited quota dog hunt will be limited to 100 hunters. The Geneva State Forest WMA youth dog hunt will be limited to 75 youth hunters. The Blue Spring WMA limited quota hunt will be limited to 300 hunters per hunt. All hunters must be registered and permitted through a limited quota hunt registration. All permitted hunters may bring one guest along to accompany them on the stand. All adult guests must be properly licensed, and all youth hunters must be 8-15 years of age. Only one firearm is permitted per stand. Further, it shall be unlawful for any hunter to release a dog not approved by Wildlife and Freshwater Fisheries Division (WFF) personnel on the Geneva State Forest WMA during the designated dog hunts.
(m) To camp on any AREA except in designated sites. Campers using generators must camp in sites designated for generator use. On AREAS located on U. S. Forest Service lands, hunters must camp in designated camping areas, unless excepted by U.S. Forest Service rules specific to a Ranger District. Individuals or groups may camp on AREAS for a period not to exceed nine (9) days in any thirty (30) day period. Campfires must be extinguished before departing. No warming fires shall be permitted away from the camping area. All campers (portable shelters on wheels) must be removed from Barbour or Freedom Hills WMAs by sundown on the first Sunday following the last day of turkey season; otherwise, the camper may be towed from the AREA at the owner's expense; or, may be relocated to another portion of the AREA without WFF personnel being responsible for any damages or loss and the owner assessed a $10.00 a day storage fee. No campers are permitted on Barbour or Freedom Hills WMAs, until September 1, unless approved by written permit issued by the AREA biologist. All campers left unattended overnight must display the owner's contact information to include name, address, and phone numbers.
(n) To kill or willfully molest any species of wildlife except designated game species while legally hunting.
(o) To discharge fireworks at any time.
(p) To discharge firearms for target practice except on designated target ranges in accordance with listed rules during posted times and dates.
(q) To hunt or discharge firearms within 150 yards of any camping area, dwelling, dam or timber operation; within 100 yards of any paved public road or highway; within a posted safety zone; or from within the right-of-way of any developed road (paved or unpaved) which is open for vehicular traffic [provided, however, that standers hunting the WMA roads closed to vehicular traffic (roads closed with gates and/or signage indicating closed to vehicular traffic) on Geneva State Forest and Upper Delta WMAs are allowed during scheduled dog deer hunts; hunters using shotguns with No. 6 shot or smaller are allowed to hunt AREA roads and right-of-ways, excluding any named county or state roads]. On AREAS located within U.S. Forest Service lands, hunters must adhere to U.S. Forest Service rules specific to that Ranger District.
(r) To transport harvested deer or turkey from any AREA before reporting harvest in the Game Check System. Hunters must also submit such harvests at the WMA check station for data collection if hunt date is indicated as a mandatory check station day on the Outdoor Alabama WMA Application or AREA map Permit. All other harvested game must be recorded on the Outdoor Alabama WMA Application or WMA Daily Permit.
(s) For any person, except authorized personnel, to operate any motor driven vehicle (including e-bikes) behind, under, or around any locked gate, barricaded road, or sign which prohibits vehicular traffic. Individuals with a mobility disability may request authorization in writing to use motorized vehicles or other power-driven mobility devices on AREAS. Such request will be evaluated based on the provisions of the Americans with Disabilities Act of 1990, as amended, and 28 C.F.R. § 35.137.
(t) For any unauthorized person to possess and/or operate ANY UNLICENSED MOTOR DRIVEN VEHICLE (i.e. ATV, UTV, or motorcycle on Charles D. Kelley-Autauga, Black Warrior, Blue Spring, Boggy Hollow, William R. Ireland, Sr. - Cahaba River, Choccolocco, Coosa, David K. Nelson, Hollins, Jackson County Waterfowl Areas (except Coon Gulf Tract), Little River, Lowndes, Martin Community Hunting Area, Mulberry Fork, Oakmulgee, Perdido River, Red Hills, and Forever Wild Gothard - AWF Yates Lake AREAS.
(u) For any unauthorized person to possess or operate ANY UNLICENSED MOTOR DRIVEN VEHICLE (i.e. ATV, UTV, or motorcycle) on Barbour, Coon Gulf Tract of Jackson County Waterfowl Areas, Freedom Hills, Geneva State Forest, Grand Bay Savanna, James D. Martin-Skyline, Lauderdale, Mobile-Tensaw Delta, W.L. Holland, Sam R. Murphy, Riverton, Seven Mile Island, Swan Creek, Mallard Fox Creek, and Upper Delta AREAS, except when utilized for the express purpose of hunting, fishing, trapping, camping, or related activities; and when operated only on regularly used roads depicted on WMA map to be open for motorized vehicle traffic (excluding Geneva State Forest Zone B).
(v) For any unauthorized person to possess or operate ANY LICENSED MOTOR DRIVEN VEHICLE on any AREA (i.e. ATV, UTV, or motorcycle, except when utilized for the express purpose of hunting, fishing, trapping, camping, or by written permission from Alabama Division of Wildlife and Freshwater Fisheries (WFF) Assistant Chief or Chief(excluding AREAS established within the boundaries of U.S. Forest Service National Forests or other cooperating agency lands that otherwise regulate such activities), and when operated only on regularly used roads depicted on AREA Permit to be open for motorized vehicle traffic.
(w) For any unauthorized person to ride or possess horses on any AREA except on roads open to motorized vehicles, excluding Geneva State Forest Zone A (where no horses are permitted); and in areas, roads, and trails, designated as open to horses, excluding Geneva State Forest Zone A (where no horses are permitted). On Coosa WMA horses are not permitted in the campgrounds from October 1 until after the last day of turkey season.
(x) For any unauthorized person to ride or possess horses on any AREA on days of scheduled gun deer hunts and during legal hours of turkey hunting, except those portions of AREAS kept open to such activity by the National Park Service, U.S. Forest Service, and except on Freedom Hills, James D. Martin-Skyline, the Jacinto Port Tract of W.L. Holland, and Mobile-Tensaw Delta AREAS where horses are only allowed on designated horse trails. At Freedom Hills, the Jacinto Port Tract of W.L. Holland, and Mobile-Tensaw Delta AREAS horses are only allowed from March 1 to the beginning of turkey season and May 15 to September 14. Riding or possession of horses on any AREA, except those on National Park Service lands, U.S. Forest Service lands, and Geneva State Forest, shall be restricted to holders of a valid WMA license and a valid AREA Permit.
(y) For any person to hunt or trap any wildlife species (except turkey, migratory birds, crows, and while hunting legally designated species during legal nighttime hours) without wearing a minimum of 144 square inches of hunter orange or full-sized hunter orange hat, except when hunting from an elevated tree stand twelve (12) feet or more from the ground, when hunting in an enclosed blind, or when traveling in an enclosed vehicle. A small logo and/or printing is permitted on the front of the hunter orange hat.
(z) For any person except authorized personnel to block or otherwise stop traffic on any road or at any gate by parking a vehicle in such a way that passage around the vehicle, or access to the gate, is impeded.
(aa) For any person to possess, deposit, distribute, or scatter grain/corn, salt, litter, or any other materials on any AREA without receiving approval from the Wildlife and Freshwater Fisheries Division.
(bb) To damage or remove any artifacts, trees, firewood, plants, dirt, gravel, or sod without legal authorization.
(cc) To construct or erect any permanent tree stand or blind or to; install any screw-in type steps, spikes, or nails, or otherwise damage any tree. Portable stands may not be installed prior to 7 days before the opening of archery season, nor left on any AREA longer than 7 days following the closure of the AREA's last deer hunt. Stands not in compliance with this regulation may be confiscated and disposed of by WFF.
(dd) To intentionally cast a light of any kind, either handheld, affixed to a vehicle, or otherwise, between the hours of sunset and sunrise from motor vehicles except those vehicles traveling in a normal manner on an open established road.
(ee) To hunt from an elevated stand or platform without attaching themselves to the tree or platform with a full body safety harness capable of supporting their weight. Tree saddle hunters must remain connected to tree at all times by means of a lineman's belt or tether.
(ff) To violate any restrictions posted on the Outdoor Alabama WMA Check-In application, AREA map permit, or WMA Daily Permit, or posted restrictions regarding entry, hunting, fishing, or other conduct.
(gg) To release any animal, bird, fish, or other wildlife on any AREA without first obtaining written permission from the Wildlife and Freshwater Fisheries Division.
(hh) To possess any open alcoholic beverages outside designated camping areas.
(ii) For any person to possess any firearm while hunting with bow and arrow or crossbow, except on days of hunter's choice gun deer hunts. Nothing in this regulation prohibits the possession of handguns by lawfully authorized persons for personal protection, provided the handguns are not used to hunt, take, or attempt to take wildlife except as otherwise provided by this regulation.
(jj) To possess or use any wild turkey calls to mimic sounds made by wild turkeys from March 1 until the opening day of youth turkey seasons and from the close of youth turkey season to the opening day of physically disabled turkey season or regular turkey season opening day on AREAs with turkey seasons.
(kk) For anyone 16 years of age or older to hunt any species on any AREA on days of youth gun deer hunts, or for anyone to hunt small game during primitive weapon or gun deer hunts, except on Grand Bay Savanna, W.L. Holland, and Mobile-Tensaw Delta WMAs, Red Hills WMAs, and except waterfowl in Upper Delta (Zone B) WMA.
(ll) For any unauthorized person to possess or use any game camera/device capable of monitoring remotely and/or capable of automatically transmitting photos and/or videos from March 1 - May 31 on any AREA without first obtaining written permission from the Wildlife and Freshwater Fisheries Division.
(mm) For any unauthorized person to launch, land or possess or use any unmanned aerial vehicle (UAV)/drone on any AREA without first obtaining written permission from the Wildlife and Freshwater Fisheries Division.
(2) Individuals must follow the listed rules to participate in the scheduled youth hunts on any AREA.
(a) Youth participants must be accompanied by an adult supervisor. The adult supervisor is to remain within 30 feet of the youth at all times.
(b) Youth is defined as those individuals who have not reached their 16th birthday.
(c) Adult is defined as those individuals 21 years of age or older or the parent of the youth who are in possession of all required state hunting licenses, stamps, and permits as described in (1)(a).
(d) Only one firearm will be allowed for each youth. Only the youth hunter will be permitted to utilize the firearm for hunting.
(3) Special Opportunity Areas (SOA) - Hunting on Blackwater River, Cedar Creek, Choctaw NWR (Primitive Weapon Deer Hunt), Crow Creek, Fred T. Stimpson, Portland Landing, Prairie Glades, Uchee Creek, Upper State, Little River, and Thigpen Hill Special Opportunity Areas (SOA) will be permitted through a limited quota permit system determined by random computerized selection. In order to apply, ALL applicants are required to obtain a Conservation Identification Number (CID). Those residents who are 16 to 64 years of age and non-residents 16 years of age or older must have a valid WMA license to register for the SOA hunt selection process. Applicants must visit www.outdooralabama.com to register for a limited number of quota permits available for hunts on these AREAS.
Successful resident applicants and hunting guests 16 to 64 years of age and non-residents 16 years of age or older must obtain and have in possession a valid Alabama hunting license, WMA license, HIP, and state and federal duck stamps if applicable. Any violation of any rules, regulations, or laws by permit holder or guest while hunting on any SOA will result in those individuals forfeiting the remainder of their hunt and forfeiting their SOA eligibility for the remainder of the current season and the entire following season . Failure to participate in a solicited hunt without providing Wildlife and Freshwater Fisheries 7 days prior notice of cancellation, by email to the hunt coordinator, will result in that individual losing their eligibility for future SOA hunts.
Permit holders and guests shall only hunt and scout in their assigned hunt unit(s) on specified dates. All other access on any SOA is restricted (excluding Choctaw NWR) to foot traffic and non-motorized vehicles only and only during daylight hours from May 15 to September 1 with the exception of Crow Creek, Fred T. Stimpson, Upper State, and Prairie Glades where all other access is restricted.
During the SOA hunts, permit holders and guests may use licensed and unlicensed vehicles (eg. UTV, ATV, or electric bike) on roads open to motorized vehicles to access their assigned hunt unit, unless specified otherwise.
All deer and turkey hunters are required to report all harvests pursuant to the Game Check requirements in regulation 220-2-.146. It shall be unlawful for any limited quota permitted hunter to hunt without checking in and out of the SOA daily using the Outdoor Alabama WMA Check-In Application or with a WMA Daily Permit from self-service kiosk. When using the WMA Daily Permit, the tear-off stub with number matching Daily Permit must be filled out and deposited in return slot of self-service box. The Harvest Report portion of the Permit is to be retained in possession of the hunter until the end of the day, then filled out and deposited in the self-service box before leaving the SOA each day. Hunters are required to email pictures of their harvest to the managing biologist within one week of hunt dates. Other requirements for hunters participating in limited quota hunts on the SOAs include:
(a) District II -
On Crow Creek SOA :
(i) Archery Deer Hunts:
(I) It shall be unlawful to access or hunt on Crow Creek SOA unless selected for a limited quota permit for specific hunt dates on the assigned hunt unit. The permit holder and one properly licensed guest may only access (excluding approved scouting days) and hunt the assigned hunt unit for those permitted times and days.
(II) Hunters may enter the Crow Creek SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset; Hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(III) It shall be unlawful to operate any motorized vehicle on the SOA without WFF written authorization.
(IV) It shall be unlawful to use gasoline-powered motors on the SOA.
(V) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(ii) Waterfowl Hunts:
(I) It shall be unlawful to access or hunt on Crow Creek SOA unless selected for a limited quota permit for specific hunt dates on the assigned SOA and hunt unit(s). The permit holder and four properly licensed guest(s) may only access (excluding approved scouting days) and hunt the assigned SOA and hunt unit(s) for those permitted times and days. The guests may be different people each hunt day.
(II) Hunters may enter the Crow Creek SOA at 4:00 AM; Hunting may begin at legal shooting hours; all hunting activity is prohibited after 12:00 noon; and all parties must exit the SOA no later than 1:30 PM. It shall be unlawful to leave assigned hunt unit except when departing the SOA for the day.
(III) It shall be unlawful to operate any motorized vehicle on the SOA without WFF written authorization.
(IV) It shall be unlawful to use gasoline-powered motors on the SOA.
(V) Temporary blinds may be used for the duration of the hunt and must be removed by permit holder on last hunt day.
(b) District III -
On Cedar Creek and Portland Landing SOA :
(i) It shall be unlawful to hunt on Cedar Creek and Portland Landing SOA unless selected for a limited quota permit for specific hunt dates on the assigned SOA and hunt unit(s). The permit holder and allowed guest(s) may only access (excluding approved scouting days) and hunt the assigned SOA and hunt unit(s) for those permitted days.
(ii) Deer Hunts:
(I) Each deer hunt begins at 12:00 noon on day one and ends at 12:00 noon on day four. With the exception of the day one start time and day four end time, hunters may enter the SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset each day. Hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(II) Antlered bucks harvested are required to have a minimum inside spread of 16" or 18" main beam (3x the length of the ear).
(III) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(IV) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Deer hunters are also required to extract a lower jawbone from deer harvested and leave it at SOA kiosk.
(iii) Turkey Hunts:
(I) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each turkey hunt begins at and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset; each turkey hunt ends at 1:30 PM on the last day.
(II) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(III) Turkey hunters are required to record the harvest date, body weight, spur length, and beard length of all harvested turkeys on provided data forms, as well as complete the provided hunter observation data sheet.
(iv) Small Game Hunts:
(I) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each small game hunt begins and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset. No scouting days prior to hunt dates.
(II) Permit holder may be accompanied by up to three properly licensed guests. The guests may be different people each hunt day. Youth under 16 years are allowed to accompany permit holder; and up to three properly licensed guests.
(v) Waterfowl Hunts:
(I) Hunters may enter the Portland Landing SOA (no waterfowl hunt on Cedar Creek SOA) at 4:00 AM; Hunting may begin at legal shooting hours; all hunting activity is prohibited after 12:00 noon; and all parties must exit the SOA no later than 1:30 PM. It shall be unlawful to leave assigned hunt unit except when departing the SOA for the day.
(II) Permit holder may be accompanied by three properly licensed guests. Guests may be different people each hunt day.
(vi) Dove Hunts:
(I) Travel to assigned hunt unit(s) shall be from 12:00 noon to 1:00 PM. All hunts end at legal sunset.
(II) Permit holder is allowed one properly licensed guest. The permit holder and guest may bring one youth each 8 - 15 years of age.
(c) District IV -
On Uchee Creek SOA :
(i) It shall be unlawful to hunt on Uchee Creek SOA unless selected for a limited quota permit for specific hunt dates on the assigned SOA and hunt unit(s). The permit holder and allowed guest(s) may only access (excluding approved scouting days) and hunt the assigned SOA and hunt unit(s) for those permitted days.
(ii) Deer Hunts:
(I) Each deer hunt begins at 12:00 noon on day one and ends at 12:00 noon on day four. With the exception of the day one start time and day four end time, hunters may enter the SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset each day. Hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(II) Antlered bucks harvested are required to have a minimum inside spread of 16" or 18" main beam (3x the length of the ear).
(III) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(IV) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Deer hunters are also required to extract a lower jawbone from deer harvested and leave it at SOA kiosk.
(iii) Turkey Hunts:
(I) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each turkey hunt begins and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset; each turkey hunt ends at 1:30 PM on the last day.
(II) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(III) Turkey hunters are required to record the harvest date, body weight, spur length, and beard length of all harvested turkeys on provided data forms, as well as complete the provided hunter observation data sheet.
(iv) Small Game Hunts:
(I) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each small game hunt begins and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset. No scouting days prior to hunt dates.
(II) Permit holder may be accompanied by up to three properly licensed guests. The guests may be different people each hunt day.
(v) Waterfowl Hunts:
(I) Hunters may enter the SOA at 4:00 AM; hunting may begin at legal shooting hours; all hunting activity is prohibited after 12:00 noon; and all parties must exit the SOA no later than 1:30 PM. It shall be unlawful to leave assigned hunt unit except when departing the SOA for the day.
(II) Permit holder may be accompanied by three properly licensed guests. Guests may be different people each hunt day.
(i) It shall be unlawful to access or hunt on Prairie Glades SOA unless selected for a limited quota permit for specific hunt dates on assigned SOA and hunt unit(s). The permit holder and one guest may only access (excluding approved scouting days) and hunt the assigned SOA and hunt unit(s) for those permitted days.
(ii) Deer Hunts:
(I) Hunters may enter the Prairie Glades SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset; hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(iii) Dove Hunts:
(I) Travel to assigned hunt unit(s) shall be from 12:00 noon to 1:00 PM during the first season segment (September and October) and 11:00 AM to 12:00 noon during the second and third season segments (November, December, and January). All hunts end at legal sunset.
(II) Permit holder is allowed one properly licensed guest.
(d) District V -
On Blackwater River SOA :
(i) It shall be unlawful to hunt on Blackwater River SOA unless selected for a limited quota permit for specific hunt dates on the assigned SOA and hunt unit(s). The permit holder and allowed guest(s) may only access (excluding approved scouting days) and hunt the assigned SOA and hunt unit(s) for those permitted days.
(ii) Deer Hunts:
(I) Each deer hunt begins at 12:00 noon on day one and ends at 12:00 noon on day four. With the exception of the day one start time and day four end time, hunters may enter the SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset each day. Hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(II) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(III) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Deer hunters are also required to extract a lower jawbone from deer harvested and leave it at SOA kiosk.
(iii) Dove Hunts:
(I) Travel to assigned hunt unit(s) shall be from 12:00 noon to 1:00 PM. All hunts end at legal sunset.
(II) Permit holder is allowed one properly licensed guest. The permit holder and guest may bring one youth each 8 - 15 years of age.
(i) Primitive Weapons Deer Hunt:
(I) It shall be unlawful to hunt on Choctaw NWR SOA during specific primitive weapons hunt dates unless selected for a limited quota permit on assigned hunt unit(s). The permit holder and allowed guest may only hunt the assigned SOA and hunt unit(s) for those permitted times and days.
(II) Each deer hunt begins at 12:00 noon on day one and ends at 12:00 PM on day four of the hunt. With the exception of the day one start time and day four end time, hunters may enter the SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset each day. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(III) Permit holder is allowed one properly licensed guest each day. The guest may be a different person each hunt day, but the guest bag is cumulative.
(IV) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Deer hunters are also required to extract a lower jawbone from each deer harvested and leave it at SOA/NWR kiosk.
(i) It shall be unlawful to hunt on Fred T. Stimpson SOA unless selected for a limited quota permit for specific hunt dates on the assigned SOA and hunt unit(s). The permit holder and allowed guest(s) may only access (excluding approved scouting days) and hunt the assigned SOA and hunt unit(s) for those permitted.
(ii) Archery Deer Hunts:
(I) Each deer hunt begins at 12:00 noon on day one and ends at 12:00 noon on day four. With the exception of the day one start time and day four end time, hunters may enter the SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset each day. Hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(II) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(III) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Deer hunters are also required to extract a lower jawbone from deer harvested and leave it at SOA kiosk.
(iii) Youth Gun Deer Hunts:
(I) Permit holder 21 years of age or older or the parent of one of the youth may be accompanied by up to two youth guest hunters (8-15 years of age). The permit holder may also have a properly licensed supervising adult being 21 years of age or older or a parent of one of the youth. Hunters may only hunt in their assigned hunt unit on their specified hunt date. Only the youth may hunt.
(II) On the specified two-day hunt, hunters may sign in beginning at 5:00 AM. All hunters must be signed in prior to legal sunrise. All hunters must check out within 11/2 hours after legal sunset. Travel to and from assigned hunt unit will be allowed between the hours of 10:00 AM and 2:00 PM.
(III) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Youth deer hunters are also required to extract a lower jawbone from each deer harvested and leave it at SOA kiosk.
(iv) Youth Squirrel Hunts:
(I) Permit holder 21 years of age or older or the parent of one of the youth must be accompanied by one youth hunter and will be allowed to have two additional youth guest hunters and one properly licensed supervising adult 21 years of age or older or a parent of one of the youth, for a maximum of five hunters to a party for each hunt unit. Hunters are only allowed to hunt in their assigned hunt unit on their assigned hunt date. Both youth and supervisors are allowed to hunt.
(II) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each small game hunt begins and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset. No scouting days prior to hunt dates.
(v) Turkey Hunts:
(I) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each turkey hunt begins and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset; each turkey hunt ends at 1:30 PM on the last day.
(II) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(III) Turkey hunters are required to record the harvest date, body weight, spur length, and beard length of all harvested turkeys on provided data forms, as well as complete the provided hunter observation data sheet.
(i) It shall be unlawful to hunt on Little River and Thigpen Hill SOA unless selected for a limited quota permit for specific hunt dates on the assigned SOA and hunt unit(s). The permit holder and allowed guest(s) may only access (excluding approved scouting days) and hunt the assigned SOA and hunt unit(s) for those permitted days.
(ii) Deer Hunts:
(I) Each deer hunt begins at 12:00 noon on day one and ends at 12:00 noon on day four. With the exception of the day one start time and day four end time, hunters may enter the SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset each day. Hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(II) Antlered bucks harvested are required to have at least three antler points (1 inch or longer) on at least one side.
(III) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(IV) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Deer hunters are also required to extract a lower jawbone from deer harvested and leave it at SOA kiosk.
(iii) Youth Gun Deer Hunts:
(I) Permit holder 21 years of age or older or the parent of one of the youth may be accompanied by up to two youth guest hunters. The permit holder may also have a properly licensed supervising adult being 21 years of age or older or a parent of one of the youth. Hunters may only hunt in their assigned hunt unit on their specified hunt date. Only the youth may hunt.
(II) On the specified two-day hunt, hunters may enter the SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset each day. Hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(III) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Deer hunters are also required to extract a lower jawbone from each deer harvested and leave it at SOA kiosk.
(iv) Turkey Hunts:
(I) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each turkey hunt begins and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset; each turkey hunt ends at 1:30 PM on the last day.
(II) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(III) Turkey hunters are required to record the harvest date, body weight, spur length, and beard length of all harvested turkeys on provided data forms, as well as complete the provided hunter observation data sheet.
(v) Small Game Hunts:
(I) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each small game hunt begins and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset. No scouting days prior to hunt dates.
(II) Permit holder may be accompanied by up to three properly licensed guests. The guests may be different people each hunt day.
(i) It shall be unlawful to hunt on Upper State SOA unless selected for a limited quota permit for specific hunt dates on the assigned SOA and hunt unit(s). The permit holder and allowed guest(s) may only access (excluding approved scouting days) and hunt the assigned SOA and hunt unit(s) for those permitted days.
(ii) Archery Deer Hunts:
(I) Each deer hunt begins at 12:00 noon on day one and ends at 12:00 noon on day four. With the exception of the day one start time and day four end time, hunters may enter the SOA 11/2 hours prior to legal sunrise and must exit the SOA by 11/2 hours after legal sunset each day. Hunt times begin and end at legal shooting hours. Travel to and from assigned hunt unit(s) may also occur between 10:00 AM and 2:00 PM.
(II) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(III) Deer hunters are required to record harvest date, sex, lactation status of doe, body weight, and antler measurements of bucks on provided data forms, as well as complete the provided hunter observation data sheet. Deer hunters are also required to extract a lower jawbone from each deer harvested and leave it at SOA kiosk.
(iii) Turkey Hunts:
(I) Hunters may enter the SOA 11/2 hours prior to legal sunrise; each turkey hunt begins and ends at legal shooting hours; hunters must exit the SOA by 11/2 hours after legal sunset; each turkey hunt ends at 1:30 PM on the last day.
(II) Permit holder may have one properly licensed guest. The guest may be a different person each hunt day, but the guest bag is cumulative.
(III) Turkey hunters are required to record the harvest date, body weight, spur length, and beard length of all harvested turkeys on provided data forms, as well as complete the provided hunter observation data sheet.
History
(1) 2024-2025 Wildlife Management Area Hunting Seasons
NOTE: All game animals harvested (excluding those Bonus Bucks validated by WFF personnel) on all Wildlife Management Areas must be included in each hunter's seasonal statewide and daily bag limit(s).
(a) District I 2024-2025 Wildlife Management Area Seasons and Bag Limits
(Northwest Alabama)
BLACK WARRIOR WILDLIFE MANAGEMENT AREA
(Lawrence and Winston Counties)
| DEER : | | | | --- | --- | --- | | Zone A & B | (Archery) | Stalk Hunting Hunter's Choice: Oct. 1-Jan. 15. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply for Zone B. Stalk Hunting Antlered Bucks Only: Jan. 16-27. One antlered buck a day. *Antlered buck restrictions apply for Zone B. Archery hunting is permitted in zone closed to gun deer hunting. Archery hunters must harvest antlered bucks on days of antlered buck only gun deer hunts. No hunting on days of youth gun deer hunt. Archery hunters must abide by all gun deer hunt regulations when hunting on days of gun deer hunts and MANDATORY check station day requirements. | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 2-3. One deer a day, either one unantlered deer or one antlered buck. Hunters must submit all harvested deer at check station for data collection. *No antler restrictions apply. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 4-8. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply for Zone B. | | Zone A | (Gun) | Stalk Hunting Hunter's Choice: Nov. 9-10. One deer a day, either one unantlered deer or one antlered buck. It is MANDATORY to bring all deer harvested on Nov. 9 and 10 (including archery) to the check station for data collection. The check station will be open from 9:00 AM to 7:00 PM. Stalk Hunting Antlered Bucks Only: Nov. 14-17, Nov. 28-Dec. 1, and Dec. 19-22. One antlered buck a day. It is MANDATORY to bring all deer harvested on Thursdays, Fridays, and Saturdays of these hunts (including archery) to the check station for data collection. The check station will be open from 9:00 AM to 7:00 PM. | | Zone B | (Gun) | Stalk Hunting Antlered Bucks Only: Nov. 21-24, Dec. 5-8, and Dec. 12-15. One antlered buck a day. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Thursdays, Fridays, and Saturdays of these hunts (including archery) to the check station for data collection. The check station will be open from 9:00 AM to 7:00 PM. |
*To be legal for harvest, antlered bucks in Zone B must have at least four (4) antler points (1 inch or longer) on at least one main beam.
| Zones A & B | | | | --- | --- | --- | | TURKEY : | (Youth) (Physically Disabled) (Regular) | April 5 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. April 7 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. April 8-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 11-May 8. | | Bag Limit - No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Black Warrior WMA. | | | | RACCOON & OPOSSUM : | Sept. 1-March 2. Nighttime hours only. No hunting on nights preceding or nights of youth, primitive weapons, or gun deer hunts. | | | CROW : | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | RABBIT & SQUIRREL : | Sept. 14-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Fox squirrel season closed. Small game hunting is permitted in zone not open for gun deer hunting. | | | QUAIL : | CLOSED. | | | WOODCOCK : | State Season. No hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM, & FOX : | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine) : | Oct. 26-Feb. 28 . Trapping permits must be obtained from Area Biologist. | |
FREEDOM HILLS WILDLIFE MANAGEMENT AREA
(Colbert County)
| DEER : | | | | --- | --- | --- | | Zones A & B | (Archery) | Stalk Hunting Hunter's Choice: Oct. 15-Feb. 10. Two deer a day, one unantlered deer and one antlered buck. Archery hunting is permitted in zone closed to gun deer hunting. No hunting on days of youth gun deer hunt. Archery hunters must abide by all MANDATORY check station day requirements and gun hunt antler restrictions. | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. Two deer a day, one unantlered deer and one antlered buck. Hunters must submit all harvested deer at check station for data collection. *No antler restrictions apply. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov.18-22. Two deer a day, one unantlered deer and one antlered buck. *No antler restrictions apply. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 28-Dec. 1, Dec. 12-15, and Jan. 16-19. Two deer a day, one unantlered deer and one antlered buck. *No antler restrictions apply. It is MANDATORY to bring all deer harvested on Fridays and Saturdays of these hunts (including archery) to the check station for data collection. Check station will be open 9:00 AM to 7:00 PM. | | Zone A | (Gun) | Stalk Hunting Antlered Bucks Only: Jan. 2-5 and Jan. 23-26. One antlered buck a day. *(Jan. 4 Bonus Buck Day, must be validated by WFF personnel at check station prior to leaving Area). Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Fridays and Saturdays of these hunts (including archery) to the check station for data collection. Check station will be open 9:00 AM to 7:00 PM. | | Zone B | (Gun) | Stalk Hunting Antlered Bucks Only: Jan. 9-12 and Jan. 30-Feb. 2. One antlered buck a day. (Feb. 1 Bonus Buck Day, must be validated by WFF personnel at check station prior to leaving Area). *Antlered buck restrictions apply. It is MANDATORY to bring all harvested deer harvested on Fridays and Saturdays of these hunts (including archery) to the check station for data collection. Check station will be open 9:00 AM to 7:00 PM. |
*To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam.
| TURKEY : | (Youth) (Physically Disabled) (Regular) | April 5 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. April 7 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. April 8-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 11-May 8. | | --- | --- | --- | | Bag Limit- No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Freedom Hills WMA. | | | | RACCOON & OPOSSUM : | Sept. 1-March 2 Nighttime hours only. No hunting on nights preceding or nights of youth, primitive weapons, or gun deer hunts. | | | DOVE : | State season . (Opening day: 12:00 noon to sunset; remainder of season: 1/2 hour before sunrise to sunset). First two weeks of season: Saturdays and Wednesdays only. Remainder of state season except, no hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | CROW : | Sept. 1-March 2 . No hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | RABBIT & SQUIRREL : | Sept. 14-March 2 . No hunting on days of youth, primitive weapons, or gun deer hunts. Fox squirrel season closed during February and March. Small game hunting is permitted in zone not open for gun deer hunting. | | | QUAIL : | Nov. 2-Feb. 28 . No hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | WOODCOCK & SNIPE : | State season . No hunting on days of gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM, & FOX : | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine) : | Oct. 26-Feb 28 . Trapping permits must be obtained from Area Biologist. | |
LAUDERDALE WILDLIFE MANAGEMENT AREA
(Lauderdale County)
| DEER : | | | | --- | --- | --- | | Zones A & B | (Archery) | Stalk Hunting Hunter's Choice: Oct. 15-Feb. 10. Two deer a day, one unantlered deer or one antlered buck. Archery hunting is permitted in zone closed to gun deer hunting. No hunting on days of youth gun deer hunt. Archery hunters must abide by all MANDATORY check station day requirements. | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. Two deer a day, one unantlered deer and one antlered buck. Hunters must submit all harvested deer at check station for data collection. Check station will be open 9:00 AM to 7:00PM. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18 -22. Two deer a day, one unantlered deer and one antlered buck. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 23-24, Nov. 28-Dec. 1, Dec. 12-15, Dec. 26-Dec. 29. Two deer a day, one unantlered deer and one antlered buck. (Dec. 28 BONUS BUCK DAY, must be validated by WFF personnel) It is MANDATORY to bring all deer harvested on Fridays and Saturdays of these hunts (including archery) to the check station for data collection. Check station will be open 9:00AM to 7:00PM. | | Zone A | (Gun) | Stalk Hunting Hunter's Choice: Dec. 5-8, and Jan. 2-5. Two deer a day, one unantlered deer and one antlered buck. It is MANDATORY to bring all deer harvested on Fridays and Saturdays of these hunts (including archery) to the check station for data collection. Check station will be open 9:00AM to 7:00PM. | | Zone B | (Gun) | Stalk Hunting Hunter's Choice: Dec. 19-22, and Jan. 9-12. Two deer a day, one unantlered deer and one antlered buck. (Jan. 11 Bonus Buck Day, must be validated by WFF personnel at check station prior to leaving Area). It is MANDATORY to bring all deer harvested on Fridays and Saturdays of these hunts (including archery) to the check station for data collection. Check station will be open 9:00AM to 7:00PM. | | TURKEY : | (Youth) (Physically Disabled) (Regular) | April 5 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. April 7 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. April 8-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 11-May 8. | | Bag Limit- No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Lauderdale WMA. | | | | RACCOON & OPOSSUM : | Sept. 1-March 2. Nighttime hours only. No hunting on nights preceding or nights of youth, primitive weapons, or gun deer hunts. | | | CROW : | Sept. 1-March 2. No hunting on days of primitive weapons or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | RABBIT & SQUIRREL : | Sept. 14-March 2 . No hunting on days of primitive weapons or gun deer hunts. Fox squirrel season closed during February and March. Small game hunting is permitted in zone not open for gun deer hunting. | | | QUAIL : | Nov. 2-Feb. 28 . No hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | WATERFOWL : | State Season. No hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | WOODCOCK & SNIPE : | State season . No hunting on days of gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM, & FOX : | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FERAL SWINE (Special Season) : | Feb. 17-24. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine) : | Oct. 26-Feb. 28 . Trapping permits must be obtained from Area Biologist. | |
RIVERTON COMMUNITY HUNTING AREA
(Colbert County)
| DEER : | (Archery) | Stalk Hunting Hunter's Choice: Oct. 15-Feb. 10. Two deer a day, one unantlered deer and one antlered buck. No hunting on days of youth gun deer hunts. | | --- | --- | --- | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. Two deer a day, one unantlered deer and one antlered buck. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22. Two deer a day, one unantlered deer and one antlered buck. | | | (Gun) | Stalk Hunting Hunter's Choice: Open each Wednesday and Saturday of the regular Gun Deer Season in Colbert County and from Nov. 23-Dec. 1, Dec. 14-22, and Jan. 11-19. Two deer a day, one unantlered deer and one antlered buck. | | TURKEY : | (Youth) (Physically Disabled) (Regular) | April 5 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. April 7 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. April 8-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 11-May 8. | | Bag Limit- No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Riverton CHA. | | | | RACCOON & OPOSSUM : | Sept. 1-March 2. Nighttime hours only. No hunting on nights preceding or nights of youth, primitive weapons, or gun deer hunts. | | | CROW : | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | RABBIT & SQUIRREL : | Sept. 14-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Fox Squirrel season closed during February and March. | | | QUAIL : | Nov. 2-Feb. 28. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WOODCOCK & SNIPE : | State season. No hunting on days of gun deer and primitive weapons hunts. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM, & FOX : | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine) : | Oct. 26-Feb 28 . Trapping permits must be obtained from Area Biologist. | |
SAM R. MURPHY WILDLIFE MANAGEMENT AREA
(Lamar and Marion Counties)
| DEER : | (Archery) | Stalk Hunting Hunter's Choice: Oct. 15-Feb. 10. Two deer a day, one unantlered deer and one antlered buck. No hunting on days of youth gun deer hunt. Archery hunters must abide by all gun deer hunt regulations when hunting on days of gun deer hunts and MANDATORY check station day requirements. | | --- | --- | --- | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. Two deer a day, one unantlered deer and one antlered buck. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22. Two deer a day, one unantlered deer and one antlered buck. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 25-Dec. 1, Dec. 12-15, Dec. 26-Jan. 1, Jan. 9-12, and Jan. 23-26. Two deer a day, one unantlered deer and one antlered buck. It is MANDATORY to bring all deer harvested on these hunts (including archery) to the check station for data collection. The check station will be open from 9:00 AM to 7:00 PM. | | TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM) .Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit- No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Sam R. Murphy WMA. | | | | CROW : | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | RACCOON & OPOSSUM : | Sept. 1-March 2. Nighttime hours only. No hunting on nights preceding or nights of youth, primitive weapons, or gun deer hunts. | | | DOVE : | State season . (Opening day: 12:00 noon to sunset; remainder of season- 1/2 hour before sunrise to sunset.) No hunting on days of youth, primitive weapons, or gun deer hunts. | | | FERAL SWINE (Special Season) | Sept. 7-14 and Feb. 15-22. Permitted firearms and archery equipment same as for gun deer hunts on the WMA. No buckshot. No dogs allowed. Daylight hours only. | | | RABBIT & SQUIRREL : | Sept. 14-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Fox Squirrel season closed during February and March. | | | QUAIL : | Nov. 2-Feb. 28. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WATERFOWL : | State season. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WOODCOCK & SNIPE : | State season. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM, & FOX : | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine) : | Oct. 26-Feb 28 . Trapping permits must be obtained from Area Biologist. | |
SEVEN-MILE ISLAND WILDLIFE MANAGEMENT AREA
(Lauderdale County)
(i) ALL AREAS OF SEVEN MILE ISLAND WILDLIFE MANAGEMENT AREA EXCEPT KEY CAVE NATIONAL WILDLIFE REFUGE:
| DEER : | (Archery) | Stalk Hunting, Hunter's Choice: Oct. 15-Feb. 10. Two deer a day, one unantlered deer and one antlered buck. | | --- | --- | --- | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22, and Feb. 1-7. Two deer a day, one unantlered deer and one antlered buck. (Nov. 22 Bonus Buck Day, must be validated by WFF personnel at main entrance to Seven-Mile Island prior to leaving Area). | | TURKEY : | CLOSED. | | | RACCOON & OPOSSUM : | Sept. 1-March 2. Night time hours only. | | | DOVE : | State season (Opening day: 12 Noon to sunset; remainder of season-1/2 hour before sunrise to sunset.) | | | CROW : | Sept. 1-March 2. | | | FERAL SWINE (Special Season) : | Sept. 7-Oct. 14, and Feb. 11-16. Shotguns using slugs only, primitive weapons, bow and arrow, and crossbows. No dogs allowed. Daylight hours only. | | | RABBIT & SQUIRREL : | Sept. 14-March 2. Fox Squirrel season closed during February and March. | | | RAIL : | State season. | | | QUAIL : | Nov. 2-Feb. 28. | | | WATERFOWL : | State season. | | | WOODCOCK : | State season. | | | SANDHILL CRANE : | CLOSED. | | | BOWFISHlNG : | March 1-Aug. 31. Nongame fish only. | | | BOBCAT, COYOTE, FERAL SWINE, BEAVER, RACCOON, OPOSSUM, & FOX : | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine) : | Oct. 26-Feb. 28. Trapping permits must be obtained from Area Biologist. | |
(ii) KEY CAVE NATIONAL WILDLIFE REFUGE: HUNTING ALLOWED ONLY FOR THE FOLLOWING SPECIES AND ONLY ON MONDAYS, TUESDAYS, FRIDAYS AND SATURDAYS WITHIN THE FOLLOWING SEASONS:
(Lauderdale County)
| DEER : | (Archery) | Stalk Hunting, Hunter's Choice: Oct. 15-Feb. 10. Two deer a day, one unantlered deer and one antlered buck. | | --- | --- | --- | | TURKEY : | CLOSED. | | | RACCOON & OPOSSUM : | Sept. 1-March 2. Nighttime hours only. | | | DOVE : | State season (Opening day: 12:00 noon to sunset; remainder of season-1/2 hour before sunrise to sunset). | | | RABBIT & SQUIRREL : | Sept. 14-March 2. Fox Squirrel season closed during February and March. | | | CROW : | Sept. 1-March 2. | | | QUAIL : | Nov. 2-Feb. 28. | | | WOODCOCK & SNIPE : | State Season. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX : | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FERAL SWINE (Special Season) | Sept. 7-Oct. 14, and Feb. 11-16. Shotguns using slugs only, primitive weapons, bow and arrow, and crossbows. No dogs allowed. Daylight hours only. | | | WATERFOWL, RAIL, SANDHILL, CRANE & FURBEARER TRAPPING : | CLOSED. | |
SWAN & MALLARD-FOX CREEK WILDLIFE MANAGEMENT AREA
(Limestone, Morgan, and Lawrence Counties)
| DEER : | (Archery) | Stalk Hunting Hunter's Choice: Oct. 15-Nov. 22. Two deer a day, one unantlered deer and one antlered buck. | | --- | --- | --- | | TURKEY : | CLOSED. | | | RACCOON & OPOSSUM : | Sept. 1-March 2. Nighttime hours only. | | | CROW : | | Sept. 1- March 2. (Closed During Regular Waterfowl Season). | | DOVE : | State season 12:00 Noon until sunset each day of the season (NO MORNING HUNTING). | | | RABBIT & SQUIRREL : | Sept. 14-March 2. Fox Squirrel season closed during February and March. | | | RAIL : | State Season. | | | SPECIAL TEAL SEASON : | State season. Dewatering unit open 7 days/week. | | | YOUTH, VETERANS, & ACTIVE MILITARY WATERFOWL : | State season. DEWATERING UNIT All limited quota walk-in and boat blind locations within the Swan Creek WMA DWU will be permitted through a limited quota permit system determined by random computerized drawing prior to opening day. REMAINDER OF WMAs Open daily during State Season | | | WATERFOWL : | State season . DEWATERING UNIT All limited quota walk-in and boat blind locations within the Swan Creek WMA DWU will be permitted through a limited quota permit system determined by random computerized drawing prior to opening day for weekend hunts or in-person drawings on the day of weekday hunts unless otherwise noted. REMAINDER OF WMAs Open daily during State Season. | | | SANDHILL CRANE : | State season . (Sunrise to 12:00 noon) By limited quota permit only. | | | WOODCOCK & SNIPE : | State season. | | | BOWFISHING : | March 1-Aug. 31. Nongame fish only. | | | BOBCAT, BEAVER, FOX, RACCOON, OPOSSUM, & COYOTE : | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | QUAIL : | CLOSED. | | | FURBEARER TRAPPING (excluding feral swine) : | Oct. 26-Feb. 28 . Trapping permits must be obtained from Area Biologist. | |
It shall be unlawful to access or hunt in Swan Creek DWU unless selected for a limited quota permit for a specific hunt date(s) and hunt location. The permit holder and three properly licensed guest(s) may only access and hunt the DWU and hunt location for those permitted times and days. The guests may be different people each hunt day.
(b) District II 2024-2025 Wildlife Management Area Seasons and Bag Limits
(Northeast Alabama)
CHOCCOLOCCO WILDLIFE MANAGEMENT AREA and MT. LONGLEAF NWR SEGMENT
(Calhoun and Cleburne Counties)
| DEER : | | | | --- | --- | --- | | Zones A & B | (Archery) | Stalk Hunting Hunter's Choice: Oct. 1- Jan. 15. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. Archery hunting is permitted in zone closed to gun deer hunting. No hunting on days of youth gun deer hunt. Archery hunters in either Zone may only harvest antlered bucks on days of antlered buck only deer hunts. Archery hunters must abide by all MANDATORY check station day requirements and gun deer hunt regulations when hunting on days of gun deer hunts. Stalk Hunting Antlered Bucks Only: Jan. 16-27. One antlered buck a day. *Antlered buck restrictions apply. Archery hunters must abide by all gun deer hunt regulations when hunting on days of gun deer hunts and MANDATORY check station days. | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 2-3. One deer a day, either one unantlered deer or one antlered buck. *No antler restrictions apply. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 4-8. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. | | Zone A | (Gun) | Stalk Hunting Hunter's Choice: Nov. 23-24. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. Stalk Hunting Antlered Bucks Only: Nov. 9-10, Dec. 5-8, Dec. 19-22. One antlered buck a day. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Nov. 9-10, Nov. 23, Dec. 6-7, and Dec. 20-21 (including archery) to the check station located at the intersection of Forest Service Road 500 and 553 for data collection. The check station will be open from 9:00AM to 7:00PM. | | Zone B | (Gun) | Stalk Hunting Hunter's Choice: Nov. 29-30. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. Stalk Hunting Antlered Bucks Only: Nov. 14-17, Dec. 12-15, and Dec. 26-29. One antlered buck a day. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Nov. 15-16, Nov. 29-30, Dec. 13-14, and Dec. 27 (including archery) to the check station located at the intersection of Forest Service Road 522 and AL Hwy 9 for data collection. The check station will be open from 9:00 AM to 7:00 PM. |
*To be legal for harvest, antlered bucks must have at least four (4) antler points (1 inch or longer) on at least one main beam.
| Zones A & B | | | | --- | --- | --- | | TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM). Gobblers only. Decoys allowed . April 1-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit- No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Choccolocco WMA. | | | | RACCOON & OPOSSUM : | Sept. 1-Feb. 28. Nighttime hours only. No hunting on nights preceding or nights of youth, primitive weapons, or gun deer hunts. No dogs - daylight hours only on Mt. Longleaf NWR Segment. | | | DOVE : | State season. (Opening day: 12:00 noon to sunset; remainder of season-1/2 hour before sunrise to sunset). Closed on Mt. Longleaf NWR Segment. Small game hunting is permitted in zone not open for gun deer hunting. | | | CROW : | Sept. 1-Feb. 28. No hunting on days of youth, primitive weapons, or gun deer hunts . Permitted in zone not open for gun deer hunt. | | | RABBIT & SQUIRREL : | Sept. 14-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Permitted in zone not open for gun deer hunt. Fox squirrel season closed. No hunting in Quail Area A or B on Wednesdays and Saturdays during quail season. | | | FERAL SWINE (Special Season) : | Oct. 1-9 and March 1-10. Permitted firearms and archery equipment same as for gun deer hunts on the WMA. No buckshot. No dogs allowed. Daylight hours only. | | | QUAIL : | Nov. 2-Feb. 28. No hunting on days of youth, primitive weapons, or gun deer hunts. Quail AREAS A and B hunting only on Wednesdays and Saturdays of state season. Bag Limit: 4 quail per person per day. | | | WOODCOCK : | State season. No hunting on days of scheduled gun deer hunts. Permitted in zone not open for gun deer hunt. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM, & FOX : | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine) : | Oct. 26-Feb. 28 . Trapping permits must be obtained from Area Biologist. Closed on Mt. Longleaf NWR Segment. | |
COOSA WILDLIFE MANAGEMENT AREA
(Coosa County)
| DEER : | (Archery) | Stalk Hunting Hunter's Choice: Oct. 15-Feb. 10. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. No hunting on days of youth gun deer hunt. Archery hunters may only harvest antlered bucks on days of antlered buck only deer hunts. Archery hunters must abide by all MANDATORY check station day requirements and gun deer hunt regulations when hunting on days of gun deer hunts. | | --- | --- | --- | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. One deer a day, either one unantlered deer or one antlered buck. *No antler restrictions apply. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22, Dec. 19-22. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Dec. 21 to the check station across from Mt. Moriah Church. The check station will be open from 9:00AM to 7:00PM. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 23-24 and Nov. 30-Dec. 1. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Nov. 23 and Nov. 30 (including archery) to the check station across from Mt. Moriah Church or mobile check station on WMA Rd. 817 for data collection. The check station will be open from 9:00 AM to 7:00 PM. Stalk Hunting Antlered Bucks Only: Dec. 5-8, Dec. 26-29, Jan. 9-12, Jan. 16-19, Jan. 23-26, Jan. 30- Feb. 2. One antlered buck a day. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested to the check station across from Mt. Moriah Church on Dec. 7, Dec. 28, Jan. 10-11, Jan. 17-18, Jan. 24-25, and Jan. 31-Feb. 1 (including archery) for data collection. The check station will be open from 9:00 AM to 7:00 PM. |
*To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam.
| TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM). Gobblers only. Decoys allowed . April 1-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 4-May 8. | | --- | --- | --- | | Bag Limit- No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Coosa WMA. | | | | FERAL SWINE (Special Season) : | Sept. 1-10 and March 1-10. Permitted firearms and archery equipment same as for gun deer hunts on the WMA. No buckshot. No dogs allowed. Daylight hours only . | | | RACCOON & OPOSSUM : | Sept. 1-March 2. Nighttime hours only. No hunting on nights preceding or nights of youth, primitive weapons, or gun deer hunts. | | | CROW : | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | DOVE : | State season. (Opening day: 12:00 noon to sunset; remainder of seaon-1/2 hour before sunrise to sunset). Tuesdays, Thursdays, and Saturdays only. No hunting on days of youth, primitive weapons, or gun deer hunts . | | | RABBIT & SQUIRREL : | Sept. 14-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Fox squirrel season closed during February and March. | | | QUAIL : | Nov. 2-Feb. 28. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WOODCOCK & SNIPE : | State Season. No hunting on days of primitive weapons or gun deer hunts. | | | WATERFOWL : | State Season. No hunting on days of primitive weapons or gun deer hunts. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM, & FOX : | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine) : | Oct. 26-Feb. 28 . Trapping permits must be obtained from Area Biologist. | |
CROW CREEK, MUD CREEK AND RACCOON CREEK WILDLIFE MANAGEMENT AREAS AND COON GULF TRACT
(Jackson County)
(i) Crow Creek, Mud Creek & Raccoon Creek WMAs:
| DEER: | (Archery) | Stalk Hunting Hunter's Choice: Oct. 19-27 and Dec. 28-Jan. 5. Two deer a day, one unantlered deer and one antlered buck. | | --- | --- | --- | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22. Two deer a day, one unantlered deer and one antlered buck. It is MANDATORY to bring all deer harvested on Oct. 19 & 26, Nov. 18, 21-22, Dec. 28-29 and Jan. 4-5 to check station at the Wannville office for data collection. The check station will be open from 9:00 AM to 7:00 PM. | | TURKEY: | CLOSED. | | | CROW: | | Sept. 1-March 2. | | DOVE: | State season (Opening day: 12 noon to sunset; remainder of season-1/2 hour before sunrise to sunset). | | | RABBIT & SQUIRREL: | Sept. 14-March 2. No hunting on days of archery and primitive weapons deer hunts. Fox squirrel season closed during February and March. | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. No hunting on nights preceding or nights of archery or primitive weapons deer hunts. | | | RAIL, WOODCOCK, & SNIPE: | State season. | | | SPECIAL TEAL SEASON: | State season. Dewatering unit open 7 days/week. | | | YOUTH, VETERANS, & ACTIVE MILITARY WATERFOWL: | State season. (25 shell limit does not apply to youth on these days). | | | WATERFOWL: | State season . (1/2 hour before sunrise to sunset). | | | SANDHILL CRANE: | State season . (Sunrise to 12:00 noon) By limited quota permit only. | | | BOWFISHING: | March 1-Aug. 31. Nongame fish only. | | | FERAL SWINE (archery only): | March 1-14. Daylight hours only. No dogs allowed . | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM, & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | QUAIL: | CLOSED. | | | FURBEARER TRAPPING (excluding feral swine) | Oct. 26-Feb. 28 . Trapping permits must be obtained from Area Biologist. | |
No waterfowl or sandhill crane hunting in Mud Creek (Wannville) and Raccoon Creek dewatering impoundments (outlined on map/regulation form) on Tuesdays, Wednesdays, and Thursdays, except during special teal and early goose season and the last 14 days of regular waterfowl season. All waterfowl hunting activity prohibited in these locations on these days except scouting by foot.
(ii) Coon Gulf Tract:
| DEER: | (Archery) | Stalk Hunting Hunter's Choice: Oct. 15-Feb. 10. One deer a day, either one unantlered deer or one antlered buck. No hunting on days of youth deer hunt. | | --- | --- | --- | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16 -17. One deer a day, either one unantlered deer or one antlered buck. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 1 8-22. One deer a day, either one unantlered deer or one antlered buck. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 23-24, Nov. 28-Dec. 1, and Jan. 16-19. One deer a day, either one unantlered deer or one antlered buck. | | TURKEY: | (Youth) (Physically Disabled) (Regular) | April 5 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. April 7 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. April 8 - May8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 11-May 8. | | Bag Limit- No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Coon Gulf Tract. | | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. No hunting on nights preceding or nights of youth, primitive weapons, or gun deer hunts. | | | CROW: | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | DOVE: | State season. (Opening day: 12:00 noon to sunset; remainder of season-1/2 hour before sunrise to sunset). | | | RABBIT & SQUIRREL: | Sept. 14-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Fox squirrel season closed during February and March. | | | RAIL, WOODCOCK & SNIPE: | State season. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM, & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | QUAIL: | CLOSED. | | | WATERFOWL: | NO OPEN SEASON. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26-Feb. 28 . Trapping permits must be obtained from Area Biologist. | |
NORTH SAUTY AND CROW CREEK WATERFOWL REFUGES
(Jackson County)
| DEER: | (Archery) | Stalk Hunting Hunter's Choice: 19-27 and Dec. 28-Jan. 5. Gates will not be open for Dec.-28-Jan. 5 hunts. Two deer a day, one unantlered deer and one antlered buck. | | --- | --- | --- | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 1-8-22 . Two deer a day, one unantlered deer and one antlered buck. It is MANDATORY to bring all deer harvested on Oct. 19 & 26, Nov. 18, 21-22, Dec. 28-29 and Jan. 4-5 to check station at the Wannville office for data collection. The check station will be open from 9:00 AM to 7:00 PM. Sauta Cave NWR - closed to deer hunting. | | TURKEY: | CLOSED. | | | FERAL SWINE: | Sept. 1-9 and May 1-8. (Archery, Rimfire and Shotguns with slugs only). Daylight hours only. No dogs allowed. | | | DOVE: | FIRST SEGMENT STATE SEASON (12:00 noon until sunset opening day, then 1/2 hour before sunrise to sunset the remainder of first segment). | | | RABBIT & SQUIRREL: | Sept.14-Oct. 18 and Feb. 3-March 2 . No hunting on days of archery and primitive weapons deer hunts. Fox Squirrel season closed during February and March. | | | RACCOON & OPOSSUM: | Sept.1-Oct. 18. Nighttime hours only. | | | BOWFISHING: | April 1-Aug. 31. Nongame fish only. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM, & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | QUAIL: | CLOSED. | | | WATERFOWL: | CLOSED. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26-Jan. 31. (water or land sets), Feb. 1-28. (water sets only). Trapping permits must be obtained from Area Biologist. | |
HOLLINS WILDLIFE MANAGEMENT AREA
(Clay & Talladega Counties)
| DEER: | | | | --- | --- | --- | | Zones A & B | (Archery) | Stalk Hunting Hunter's Choice: Oct. 15-Feb. 10. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. Archery hunting is permitted in zone closed to gun deer hunting. No hunting on days of youth gun deer hunt. Archery hunters in either Zone may only harvest antlered bucks on days of antlered buck only deer hunts. Archery hunters must abide by all MANDATORY check station day requirements and gun deer hunt regulations when hunting on days of gun deer hunts. | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16 -17. One deer a day, either one unantlered deer or one antlered buck. *No antler restrictions apply. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22 and Dec. 27-Jan. 1. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Dec. 28-29 (including archery) to the check station located on Clay County Road 4 in for data collection. The check station will be open from 9:00 AM to 7:00 PM. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 23-24 and Nov. 30-Dec. 1. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Nov. 23-24 and Nov. 30-Dec. 1 (including archery) to the check stations located on Clay County Road 4 in Hollins or mobile check stations at the intersection of Forest Roads 616 and 607 for data collection. The check station will be open from 9:00AM to 7:00PM. | | Zone A | (Gun) | Stalk Hunting Antlered Bucks Only: Dec. 19-22, Jan. 9-12, and Jan. 23-26. One antlered buck a day. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Dec. 21-22, Jan. 11, and Jan. 25-26 (including archery) to the mobile check station located at the intersection of Forest Roads 616 and 607 for data collection. The check station will be open from 9:00AM to 7:00PM. | | Zone B | (Gun) | Stalk Hunting Antlered Bucks Only: *Dec. 5-8, Jan. 2-5, Jan. 16-19, and Jan. 30-Feb. 2. One antlered buck a day. Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Dec. 7-8, Jan. 4-5, Jan.18-19, and Feb. 1-2 (including archery) to the check station located on Clay County Road 4 in Hollins for data collection. The check station will be open from 9:00AM to 7:00PM. |
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*To be legal for harvest, antlered bucks in Zone A and Zone B must have at least three (3) antler points (1 inch or longer) on at least one main beam.
| TURKEY: | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 4-May 8. | | --- | --- | --- | | Bag Limit- No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Hollins WMA. | | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. No hunting on nights preceding or nights of youth, primitive weapons, or gun deer hunts. | | | CROW: | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | DOVE: | State season. (Opening day: 12:00 noon to sunset; remainder of season-1/2 hour before sunrise to sunset.) Mondays, Wednesdays, and Saturdays only. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | RABBIT & SQUIRREL: | Sept. 14-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Fox squirrel season closed during February and March. | | | QUAIL: | Nov. 2-Feb. 28. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WOODCOCK & SNIPE: | State Season. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM, & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26-Feb. 28 . Trapping permits must be obtained from Area Biologist. | |
JAMES D. MARTIN-SKYLINE WMA
(Jackson County)
| DEER: | | | | --- | --- | --- | | Zones A & B | (Archery) | Stalk Hunting Hunter's Choice: Oct.15-Feb. 10. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. No hunting on days of youth gun deer hunt. Archery hunters may only harvest antlered bucks on days of antlered buck only deer hunts. Archery hunters must abide by all MANDATORY check station day requirements and gun deer hunt regulations when hunting on days of gun deer hunts. | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. One deer a day, either one unantlered deer or one antlered buck. *No antler restrictions apply. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22 and Dec. 5-8. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 23-24 and Nov. 29-30. One deer a day; either one unantlered deer or one antlered buck. * Antlered buck restrictions apply. Stalk Hunting Antlered Bucks Only: Dec. 12-15, Dec. 19-22, Dec. 26-29, Jan. 2-5, Jan. 9-12, and Jan. 23-26 . One antlered buck a day. *Antlered buck restrictions apply for Zone A and Zone B. It is MANDATORY to bring all deer harvested (including archery) on Nov. 23, Nov. 29-30, Dec. 27-28, Jan. 3-4, Jan. 10-11, and Jan 24-25) to the check station for data collection. The check station will be open from 9:00AM to 7:00PM. |
*To be legal for harvest, antlered bucks in Zone A and Zone B must have at least three (3) antler points (1 inch or longer) on at least one main beam.
| | | | | --- | --- | --- | | TURKEY: | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit- No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from James D. Martin-Skyline WMA. | | | | DOVE: | State season (Opening day: 12:00 noon to sunset; reminder of season-1/2 hour before sunrise to sunset) Wednesdays and Saturdays only. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | CROW: | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. No hunting on nights preceding or nights of youth primitive weapons, or gun deer hunts. | | | RABBIT: Zone A Zone B | Oct. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Feb. 1-March 2. | | | SQUIRREL: | Oct. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Fox squirrel season closed during February and March. | | | QUAIL: | Nov. 2-Feb. 28. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WOODCOCK & SNIPE: | State season. No hunting on days of youth, primitive weapons, or gun deer hunts . | | | WATERFOWL: | State season . No hunting on days of primitive weapons or gun deer hunts. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM, & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26-Feb. 28 . Trapping permits must be obtained from Area Biologist. | |
LITTLE RIVER WILDLIFE MANAGEMENT AREA
(Cherokee and DeKalb Counties)
| DEER: | (Archery) | Stalk Hunting Hunter's Choice: Oct. 15-Feb. 10. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply . No hunting on days of youth gun deer hunt. Archery hunters may only harvest antlered bucks on days of antlered buck only deer hunts. Archery hunters must abide by all MANDATORY check station day requirements and gun deer hunt regulations when hunting on days of gun deer hunts. | | --- | --- | --- | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. One deer a day, either one unantlered deer or one antlered buck. *No antler restrictions apply. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22 and Dec. 16-20. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply . | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 23-24, Nov. 29-30, and Dec. 6-7. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Nov. 23, Nov. 29-30, and Dec. 6-7 (including archery) to the check station for data collection. The check station will be open from 9:00AM to 7:00PM. Stalk Hunting Antlered Bucks Only: Dec. 12-15, Dec. 26-29, and Jan. 9-12. One antlered buck a day. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Dec. 13-14, Dec. 27, and Jan. 10-11 (including archery) to the check station for data collection. The check station will be open from 9:00AM to 7:00PM. |
*To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam.
| TURKEY: | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 4-May 8. | | --- | --- | --- | | Bag Limit- No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Little River WMA. | | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. No hunting on nights preceding or nights of youth, primitive weapons, or gun deer hunts. | | | DOVE: | State season. (Opening day: 12:00 noon to sunset; remainder of season-1/2 hour before sunrise to sunset). No hunting on days of youth, primitive weapons, or gun deer hunts. | | | CROW: | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | RABBIT & SQUIRREL: | Sept. 14-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Fox squirrel season closed during February and March. | | | QUAIL: | Nov. 2-Feb. 28. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WATERFOWL: | State season . No hunting on days of primitive weapons or gun deer hunts. | | | FERAL SWINE (Special Season): | March 1-10. Permitted firearms & archery equipment same as for gun deer hunts on the WMA. No buckshot. No dogs allowed. Daylight hours only. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM, & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26-Feb. 28 . Trapping permits must be obtained from Area Biologist. | |
MARTIN COMMUNITY HUNTING AREA
(Tallapoosa County)
| DEER: | (Archery) | Stalk Hunting Hunter's Choice: Oct.15-Feb. 10. One deer a day, either one unantlered deer or one antlered buck. | | --- | --- | --- | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22 and Dec. 19-25. One deer a day, either one unantlered deer or one antlered buck. | | TURKEY: | (Youth) (Physically Disabled) (Regular) | April 5 (until 1:00PM). Gobblers only. Decoys allowed. April 7 (until 1:00PM). Gobblers only. Decoys allowed. April 8-May 8 (until 1:00PM). Gobblers only. Decoys allowed April 11-May 8. | | Bag Limit- No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Martin CHA. | | | | CROW: | Sept.1-March 2. | | | RABBIT & SQUIRREL: | Sept.14-March 2. Fox squirrel season closed during February and March. | | | QUAIL: | Nov.2-Feb. 28. | | | WATERFOWL: | State season. | | | WOODCOCK: | State season. | | | FERAL SWINE, RACCOON, OPOSSUM, FOX, & COYOTE: | Open during any other scheduled WMA hunting season using weapons and ammunition approved for those hunts. No dogs allowed. | |
(c) District III 2024-2025 Wildlife Management Area Seasons and Bag Limits
(Central-West Central Alabama)
CHARLES D. KELLEY - AUTAUGA WILDLIFE MANAGEMENT AREA
(Autauga County)
| DEER: | (Archery) | Stalk Hunting Hunter's Choice : Oct.15-Feb.10. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. No hunting on days of youth gun deer hunt. Archery hunters must abide by all gun deer hunt regulations when hunting on days of gun deer hunts and MANDATORY check station day requirements. | | --- | --- | --- | | | (Youth) | Stalk Hunting Hunter's Choice : Nov.16-17. One deer a day, either one unantlered deer or one antlered buck. *No antler restrictions apply. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov.18-22 and Dec. 2-6. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov.23-24 One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Nov. 23 (including archery) to the check station for data collection. The check station will be open from 9:00 AM to 7:00 PM. | | | (Gun) | Stalk Hunting Antlered Bucks Only: Nov. 28-Dec. 1, Dec. 19-22, Dec. 26- 29, Jan. 16-19, and Jan 30-Feb. 2. One antlered buck a day. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Dec. 28, Jan. 17-18, Jan. 31-Feb. 1 (including archery) to the check station for data collection. The check station will be open from 9:00AM to 7:00PM. |
*To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam.
| TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 4 May 8. | | --- | --- | --- | | Bag Limit- No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Charles D. Kelley-Autauga WMA. | | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | CROW: | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | DOVE: | State season. (Opening day: 12:00 noon to sunset; remainder of season-1/2 hour before sunrise to sunset) . Wednesdays and Saturdays only. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | RABBIT & SQUIRREL: | Sept. 14-March 2. Fox squirrel season closed during February and March. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | QUAIL: | Nov. 2-Feb. 28. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | SNIPE: | State season. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WATERFOWL: | State season. 1/2 hour before sunrise to 12:00 noon. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WOODCOCK: | State season. No hunting on days of gun deer hunts. | | | BOBCAT, COYOTE, RACCOON, OPOSSUM, & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26-Feb. 28. Trapping permits must be obtained from Area Biologist. | |
WILLIAM R. IRELAND, SR. - CAHABA RIVER WILDLIFE MANAGEMENT AREA
(Bibb and Shelby Counties)
| DEER: | (Archery) | Stalk Hunting Hunter's Choice : Oct.15-Feb. 10. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. No hunting on days of youth gun deer hunt, including Cahaba River Refuge . Archery hunters must abide by all gun deer hunt regulations when hunting on days of gun deer hunts and MANDATORY check station days. | | --- | --- | --- | | | (Youth) | Stalk Hunting Hunter's Choice : Nov. 16-17. One deer a day, either one unantlered deer or one antlered buck. *No antler restrictions apply. No gun deer hunting permitted on Cahaba River Refuge. Youth-only archery on Cahaba River Refuge. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22 and Dec. 2-6. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. Archery hunting only on Cahaba River Refuge. No gun deer hunting permitted on Cahaba River Refuge. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 23-24. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. Archery hunting only on Cahaba River Refuge. No gun deer hunting permitted on Cahaba River Refuge. It is MANDATORY to bring all deer harvested on Nov 23 to the check station for data collection. Check station will be open from 9:00 AM to 7:00 PM. Stalk Hunting Antlered Bucks Only: Nov. 28-Dec. 1, Dec. 12-15, Dec. 19-22, Dec. 26-29, Jan. 9-12, and Jan. 23-26. (Nov. 30 Bonus Buck Day, must be validated by WFF personnel at check station prior to leaving area). One antlered buck a day. *Antlered buck restrictions apply. Archery hunting only on Cahaba River Refuge. No gun deer hunting permitted on Cahaba River Refuge. It is MANDATORY to bring all deer harvested on Nov. 23, Nov. 30, Dec. 13-14 and Dec. 21 (including archery) to the check station for data collection. Check station will be open from 9:00AM to 7:00PM. |
*To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam.
| TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 4-May 8. | | --- | --- | --- | | Bag Limit-No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from William R. Ireland-Cahaba River WMA. | | | | CROW: | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. No open season on the Cahaba River Refuge. | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. | | | DOVE: | State season. (Opening day: 12:00 noon to sunset; remainder of season-1/2 hour before sunrise tosunset). Wednesdays and Saturdays only. No hunting on days of youth, primitive weapons, or gun deer hunts. No open season on the Cahaba River Refuge. | | | RABBIT & SQUIRREL: | Sept. 14-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Fox squirrel season closed during February and March. | | | QUAIL: | Nov. 2-Feb. 28. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | SNIPE: | State season. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WATERFOWL: | State season. (1/2 hour before sunrise until sunset). No hunting on days of primitive weapons or gun deer hunts. No open season on the Cahaba River Refuge. | | | WOODCOCK: | State season. No hunting on days of primitive weapons or gun deer hunts. No open season on the Cahaba River Refuge. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING: (excluding feral swine): | Oct. 26 - Feb. 28. Trapping permits must be obtained from Area Biologist. No open season on the Cahaba River Refuge. | |
DAVID K. NELSON WILDLIFE MANAGEMENT AREA
(Greene, Hale, Marengo, and Sumter Counties)
| DEER: | (Archery) | Stalk Hunting Hunter's Choice: Oct.15-Feb. 10. One deer a day, either one unantlered deer or one antlered buck. * Antlered buck restrictions apply. No hunting on days of youth gun deer hunt. Archery hunters must abide by all gun deer hunt regulations when hunting on days of gun deer hunts and MANDATORY check station days. | | --- | --- | --- | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. One deer a day, either one unantlered deer or one antlered buck. *No antler restrictions apply. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18 -22. One deer a day, either one unantlered deer or one antlered buck. * Antlered buck restrictions apply. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 23-24 and Dec. 7-8. One deer a day, either one unantlered deer or one antlered buck. * Antlered buck restrictions apply on all units. It is MANDATORY to bring all deer harvested on Nov. 23, and Dec. 7 (including archery) to Runaway Branch II access area for data collection. Check station will be open from 9:00 AM to 7:00 PM. Stalk Hunting Antlered Bucks Only: Dec. 19-22, Jan. 2-5 , Jan. 16-19, and Feb. 6-9. One antlered buck a day. * Antlered buck restrictions apply. | | *To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam. | | | | TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit- No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from David K. Nelson WMA. | | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. | | | DOVE: | State season. (Opening day: 12:00 noon to sunset; remainder of season-1/2 hour before sunrise tosunset). No hunting on days of youth, primitive weapons, or gun deer hunts. | | | CROW: | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | RABBIT & SQUIRREL: | Sept. 14-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Fox Squirrel season closed during February and March. | | | QUAIL: | Nov. 2-Feb. 28. No hunting on days of youth primitive weapons, or gun deer hunts. | | | WATERFOWL: | State season. (1/2 hour before sunrise until 12:00 noon). No hunting on days of primitive weapons or gun deer hunts. | | | WOODCOCK & SNIPE: | State season. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | FERAL SWINE (Special Season) | March 5 - 10. Permitted firearms and archery equipment same as for gun deer hunts on the WMA. No buckshot. No dogs allowed. Daylight hours only. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26 - Feb. 28. Trapping permits must be obtained from Area Biologist. | |
LOWNDES WILDLIFE MANAGEMENT AREA
(Lowndes County)
| Dutch Bend Track | | | | --- | --- | --- | | DEER: | (Archery Only) | Stalk Hunting Antlered Bucks Only: Oct. 15-24. One antlered buck a day. * Antlered buck restrictions apply. Stalk Hunting Hunter's Choice: Oct. 25 - Feb. 10. Two deer a day, one unantlered deer and one antlered buck. * Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested to check station on open check station days. | | *To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam | | | | TURKEY : | (Regular) | April 1-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit- No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Lowndes WMA. | | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. | | | DOVE: | State season. (Opening day: 12:00 noon to sunset; remainder of season-1/2 hour before sunrise to sunset). Saturdays and Wednesdays only. | | | RABBIT & SQUIRREL: | Sept. 14 - March 2. Hunting allowed Mondays, Wednesdays, and Saturdays. Fox squirrel season closed during February and March. | | | QUAIL: | Nov. 2 - Feb. 28. Hunting allowed Mondays, Wednesdays, and Saturdays only. | | | WATERFOWL: | State season. (1/2 hour before sunrise until 12:00 noon). Mondays, Wednesdays, and Saturdays. | | | WOODCOCK & SNIPE: | State season. Hunting allowed Mondays, Wednesdays, and Saturdays only. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX: | Open during any other scheduled hunting season on the Dutch Bend Tract using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26 - Feb. 28. Trapping permits must be obtained from Area Biologist. | | | Remainder of Lowndes WMA | | | | DEER: | (Archery) | Stalk Hunting Antlered Bucks Only: Oct. 15-24. One antlered buck a day. * Antlered buck restrictions apply. Stalk Hunting Hunter's Choice: Oct. 25 - Feb. 10. Two deer a day, one unantlered deer and one antlered buck. * Antlered buck restrictions apply. No hunting on days of youth gun deer hunt except on Dutch Bend Tract. Archery hunters must abide by all gun deer hunt regulations when hunting on days of gun deer hunts and MANDATORY check station day requirements. | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. Two deer a day, one unantlered deer and one antlered buck. *No antler restrictions apply. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22 and Dec. 1 9-22. Two deer a day, one unantlered deer and one antlered buck. * Antlered buck restrictions apply. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 23-24, Nov. 30-Dec. 1, Dec. 14-15, and Dec. 26-29 One deer a day, either one unantlered deer or one antlered buck. * Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Nov. 23, Nov. 30, Dec. 14, and Dec. 28 (including archery) to the check station for data collection. The check station will be open from 9:00 AM to 7:00 PM. Stalk Hunting Antlered Bucks Only: Jan. 9-12, Jan. 23-26, and Feb. 6-9. One antlered buck a day. *(Jan. 11 Bonus Buck Day, must be validated by WFF personnel at the check station prior to leaving the Area). Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Jan. 10-11, Jan. 24-25, and Feb. 7-8 (including archery) to the check station for data collection. Check station will be open from 9:00 AM to 7:00 PM. | | *To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam. | | | | TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit- No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Lowndes WMA. | | | | CROW: | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | FERAL SWINE (Special Season): | Aug. 31- Sept. 6 and March 5 - 11. Permitted firearms and archery equipment same as for gun deer hunts on the WMA. No buckshot. No dogs allowed. Daylight hours only. | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. | | | DOVE: | State season. (Opening day: 12:00- noon to sunset; remainder of season-1/2 hour before sunrise tosunset). Saturdays and Wednesdays only. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | RABBIT & SQUIRREL: | Sept. 14 - March 2. Saturdays, Mondays and Wednesdays only. No hunting on days of youth, primitive weapons, or gun deer hunts. Fox squirrel season closed during February and March. | | | QUAIL: | Nov. 2 - Feb. 28. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WATERFOWL: | State season. (1/2 hour before sunrise to 12:00 noon). Saturdays, Mondays and Wednesdays only. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WOODCOCK & SNIPE: | State season. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX,: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING: (excluding feral swine): | Oct. 26 - Feb. 28. Trapping permits must be obtained from Area Biologist. | |
MULBERRY FORK WILDLIFE MANAGEMENT AREA
(Tuscaloosa & Walker Counties)
| DEER: | (Archery) | Stalk Hunting Hunter's Choice: Oct. 15-Feb. 10. One deer a day, either one unantlered deer or one antlered buck. * Antlered buck restrictions apply. No hunting on days of youth gun deer hunt. Archery hunters must abide by all gun deer hunt regulations when hunting on days of gun deer hunts and MANDATORY check station days. | | --- | --- | --- | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. One deer a day, either one unantlered deer or one antlered buck. *No antler restrictions apply. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22 and Dec. 19-22. One deer a day, either one unantlered deer or one antlered buck. * Antlered buck restrictions apply. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 28 - Dec. 1. One deer a day, either one unantlered deer or one antlered buck. * Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Nov. 29, 30, and Dec. 1 (including archery) to the check station for data collection. Check station will be open from 9:00 AM to 7:00 PM. Stalk Hunting Antlered Bucks Only: Nov. 23-24, Dec. 12-15, Dec. 26-29, Jan. 3-11, Jan. 16-19, and Jan. 23-26. One antlered buck a day. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Nov. 23, Dec. 28, and Jan. 4 (including archery) to the check station for data collection. Check station will be open from 9:00 AM to 7:00 PM. | | *To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam. | | | | TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit - No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Mulberry Fork WMA. | | | | CROW: | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. | | | DOVE: | State season. (Opening day: 12:00 noon to sunset; remainder of season - 1/2 hour before sunrise to sunset). No hunting on days of youth, primitive weapons, or gun deer hunts. | | | FERAL SWINE (Special Season): | March 5-11. Permitted firearms and archery equipment same as for gun deer hunts on the WMA. No buckshot. No dogs allowed. Daylight hours only. | | | RABBIT & SQUIRREL: | Sept. 14-March 2. No hunting on days of youth primitive weapons, or gun deer hunts. Fox Squirrel season closed during February and March. | | | QUAIL: | Nov. 2-Feb. 28. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WATERFOWL: | State season. (1/2 hour before sunrise to noon). No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WOODCOCK & SNIPE: | State season. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26-Feb. 28. Trapping permits must be obtained from Area Biologist. | |
OAKMULGEE WILDLIFE MANAGEMENT AREA
(Bibb, Hale, Perry & Tuscaloosa Counties)
| DEER: | (Archery) | Stalk Hunting Hunter's Choice: Oct.15-Feb. 10. One deer a day, one unantlered deer or one antlered buck. *Antlered buck restrictions apply. No hunting on days of youth gun deer hunt. Archery hunters must abide by all gun deer hunt regulations when hunting on days of gun deer hunts and MANDATORY check station day requirements . | | --- | --- | --- | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. One deer a day, either one unantlered deer or one antlered buck. *No antler restriction apply. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22, and Dec. 9-15. One deer a day, one unantlered deer or one antlered buck. *Antlered buck restrictions apply. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 23-24 and Dec. 21-22. One deer a day, either one unantlered deer or one antlered buck. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Nov. 23-24 and Dec. 21-22 (including archery) to the check station for data collection. Check station will be open from 9:00 AM to 7:00 PM. Stalk Hunting Antlered Bucks Only: Nov. 28 Dec. 1, Dec. 25-31, Jan. 3-8, and Jan. 11-14. One antlered buck a day. * Antlered buck restrictions apply. | | *To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam. | | | | TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit - No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Oakmulgee WMA. | | | | CROW: | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | FERAL SWINE (Special Season): | Sept. 1-6. Permitted firearms and archery equipment same as for gun deer hunts on the WMA. No dogs allowed. Daylight hours only. | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. | | | DOVE: | State season. (Opening day: 12:00 noon to sunset; remainder of season - 1/2 hour before sunrise to sunset). No hunting on days of youth, primitive weapons, or gun deer hunts. | | | RABBIT & SQUIRREL: | Sept. 14-March 2. No hunting on days of youth primitive weapons, or gun deer hunts. Fox Squirrel season closed during February and March. | | | QUAIL: | Nov. 2-Feb. 28. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WATERFOWL: | State season. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WOODCOCK & SNIPE: | State season. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26-Feb. 28. Trapping permits must be obtained from Area Biologist. | |
(d) District IV 2024-2025 Wildlife Management Area Seasons and Bag Limits
(Southeast Alabama)
BARBOUR WILDLIFE MANAGEMENT AREA
(Barbour and Bullock Counties)
| DEER: | | | | --- | --- | --- | | Zones A & B | (Archery) | Stalk Hunting Antlered Bucks Only: Oct. 15-24. One antlered buck a day. *Antlered buck restrictions apply. Stalk Hunting Hunter's Choice: Oct. 25-Feb. 10. Two deer a day, one unantlered deer and one antlered buck. *Antlered buck restrictions apply. Archery hunters must abide by all gun deer hunt regulations when hunting on days of gun deer hunts and MANDATORY check station day requirements. Archery hunting is permitted in zone closed to gun deer hunting. No hunting on days of youth gun deer hunt. | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 6-17. Two deer a day, one unantlered deer and one antlered buck. *No antler restrictions apply. It is MANDATORY to bring all deer harvested on Nov. 16 to the check station for data collection. The check station will be open from 9:00 AM to 7:00 PM. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22. Two deer a day, one unantlered deer and one antlered buck. *Antlered buck restrictions apply. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 23-24, Jan. 2-5, and Jan. 16-19. Two deer a day, one unantlered deer and one antlered buck. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Fridays and Saturdays of these hunts (including archery) to the check station for data collection. The check station will be open from 9:00 AM to 7:00 PM. Stalk Hunting Antlered Bucks Only: Jan. 30-Feb. 2. (Feb. 1 Bonus Buck Day must be validated by WFF personnel). One antlered buck a day. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Jan. 31-Feb. 1 (including archery) to the check station for data collection. The check station will be open from 9:00 AM to 7:00 PM. | | Zone A | (Gun) | Stalk Hunting Hunter's Choice: Nov. 29-Dec. 8. Two deer a day, one unantlered deer and one antlered buck. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Fridays and Saturdays of these hunts (including archery) to the check station for data collection. The check station will be open from 9:00 AM to 7:00 PM. | | Zone B | (Gun) | Stalk Hunting Hunter's Choice: Dec. 13-22. Two deer a day, one unantlered deer and one antlered buck. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Fridays and Saturdays of these hunts (including archery) to the check station for data collection. The check station will be open from 9:00 AM to 7:00 PM. | | *To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam. | | | | TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit - No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Barbour WMA. | | | | DOVE: | State season. (Opening day: 12:00 noon to sunset; remainder of season - 1/2 hour before sunrise to sunset). Saturdays and Wednesdays only. No hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | CROW: | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | RABBIT & SQUIRREL: | Sept. 14-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Fox squirrel season closed during February and March. Small game hunting is permitted in zone not open for gun deer hunting. | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. No hunting on nights preceding or nights of youth, primitive weapons, or gun deer hunts. | | | QUAIL: | Nov. 2-Feb. 28. No hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | WATERFOWL: | State season. No hunting on days of primitive weapons or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | WOODCOCK & SNIPE: | State season. No hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26-Feb. 28. Trapping permits must be obtained from Area Biologist. | |
BLUE SPRING WILDLIFE MANAGEMENT AREA
(Covington County)
| DEER: | (Archery) | Stalk Hunting Antlered Bucks Only: Oct. 15-24. One antlered buck a day. *Antlered buck restrictions apply. No hunting on days of youth gun deer hunts. Archery hunters must abide by all gun deer hunt regulations when hunting on days of gun deer hunts and MANDATORY check station day requirements . Stalk Hunting Hunter's Choice: Oct. 25-Feb. 10. Two deer a day, one unantlered deer and one antlered buck. *Antlered buck restrictions apply. Archery hunters must abide by all gun deer hunt regulations when hunting on days of gun deer hunts and MANDATORY check station day requirements. No hunting on days of dog deer or youth gun deer hunts . | | --- | --- | --- | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. Two deer a day, one unantlered deer and one antlered buck. *No antler restrictions apply. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22. Two deer a day, one unantlered deer and one antlered buck. *Antlered buck restrictions apply. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 23-24, Nov. 29-30, Dec. 13-14, and Jan. 2-5. Two deer a day, one unantlered deer and one antlered buck. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Nov. 23-24, Nov. 29-25, Dec. 30, Dec. 13-14, and Jan. 3-4 (Including archery) to the check station for data collection. Check station will be open from 9:00 AM to 7:00 PM. Stalk Hunting Antlered Bucks Only: Jan. 16-19, and Jan. 30-Feb. 2. One antlered buck a day. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Jan. 17-18 and Jan. 31-Feb. 1 (including archery) to the check station for data collection. Check station will be open from 9:00 AM to 7:00 PM. | | | (Dog) | Dog Hunting Antlered Bucks Only: Dec. 18-19 and Dec. 27-28. By Limited quota permit only, one antlered buck a day). *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested to the check station for data collection. Check station will be open from 5:00 AM to 7:00 PM. All hunters must check in before hunting at the check station on dog deer hunting dates. | | *To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam. | | | | TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit - No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Blue Spring WMA. | | | | CROW: | Sept. 1-March 2. No hunting on days of youth, primitive weapons, gun, or dog deer hunts. | | | DOVE: | State season. (Opening day: 12:00 noon to sunset; remainder of season - 1/2 hour before sunrise to sunset). Saturdays and Wednesdays only. No hunting on days of youth, primitive weapons, gun, or dog deer hunts. | | | RABBIT & SQUIRREL: | Sept. 14-March 2. No hunting on days of youth, primitive weapons, gun, or dog deer hunts. Fox squirrel season closed during February and March. | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. No hunting on nights preceding or nights of youth, primitive weapons, gun, or dog deer hunts. | | | QUAIL: | Nov. 2-Feb. 28. No hunting on days of youth, primitive weapons, gun, or dog deer hunts. | | | WATERFOWL: | State season. No hunting on days of youth, primitive weapons, or gun, or dog deer hunts. No hunting permitted on Open, Buck, Ditch, and Blue Ponds. | | | WOODCOCK & SNIPE: | State season. No hunting on days of youth, primitive weapons, gun, or dog deer hunts. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26-Feb. 28. (Excluding Dec. 18-19 and Dec. 27-28). Trapping permits must be obtained from Area Biologist. | |
BOGGY HOLLOW WILDLIFE MANAGEMENT AREA
(Covington County)
| DEER: | (Archery) | Stalk Hunting Antlered Bucks Only: Oct. 15-24. Hunting allowed only on Sundays, Mondays, and Tuesdays. One antlered buck a day. Stalk Hunting Hunter's Choice: Oct. 25-Feb. 10. Hunting allowed only on Sundays, Mondays, and Tuesdays. Two deer a day, one unantlered deer and one antlered buck. No hunting on days of youth gun deer hunt. | | --- | --- | --- | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. Two deer a day, one unantlered deer and one antlered buck. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22 (Monday - Friday) and Jan. 5-Feb. 10 (Hunting only allowed on Sundays, Mondays, and Tuesdays). Two deer a day, one unantlered deer and one antlered buck. | | TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit - No more than 1 gobbler during the first 10 days of each season. | | | | No more than 2 gobblers total per hunter from Boggy Hollow WMA. | | | | CROW: | Sept. 1 - March 2. No hunting on days of youth and primitive weapons deer hunts. | | | RABBIT & SQUIRREL: | Sept. 14-March 2. Hunting only on Thursdays and Fridays. Fox squirrel season closed during February and March. No hunting on days of youth or primitive weapons hunts. | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only, except on Tuesday and Friday nights and nights preceding and nights of youth gun and primitive weapons deer hunts. | | | QUAIL: | Nov. 23-Feb. 10. Hunting only on Wednesdays and Saturdays. 4 Quail per person per day. | | | WOODCOCK: | State season. Hunting only on Wednesdays and Saturdays. | | | FURBEARER TRAPPING: | Feb. 11-Feb. 28. Trapping permits must be obtained from Area Biologist. | | | COYOTE, BOBCAT, FERAL SWINE, RACCOON, OPOSSUM & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | |
GENEVA STATE FOREST WILDLIFE MANAGEMENT AREA
(Covington and Geneva County)
| DEER: | (Archery) | Stalk Hunting Antlered Bucks Only: Oct. 15-24. One antlered buck a day. *Antlered buck restrictions apply. Stalk Hunting Hunter's Choice: Oct. 25-Feb. 10. Two deer a day, one unantlered deer and one antlered buck. *Antlered buck restrictions apply. Archery hunters must abide by all gun deer hunt regulations when hunting on days of gun deer hunts and MANDATORY check station day requirements. No hunting on days of dog deer or youth gun hunts. | | --- | --- | --- | | | (Youth) | Dog Hunting Hunter's Choice: Nov. 16 . Two deer a day, one unantlered deer and one antlered buck. By limited quota permit only. Dogs must be approved by DCNR personnel. *No antler restrictions apply. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22. Two deer a day, one unantlered deer and one antlered buck. *Antlered buck restrictions apply. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 23-24, Nov. 29-Dec. 1, Dec. 12-15, and Dec. 26-29. Two deer a day, one unantlered deer and one antlered buck. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Nov. 23-24, Nov. 29-30, Dec. 13-14, and Dec. 27-28 (including archery) to the check station for data collection. Check station will be open from 9:00 AM to 7:00 PM. Stalk Hunting Antlered Bucks Only: Jan. 9-12 and Feb. 1-10 (Feb. 8 Bonus Buck Day, must be validated by WFF personnel at check station prior to leaving Area). . One antlered buck a day. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested on Jan. 10-11 and Feb. 7-8 (including archery) to the check station for data collection. Check station will be open from 9:00 AM to 7:00 PM. | | | (Dog) | Dog Hunting Hunters Choice: Dec. 6-7. One unantlered deer or one antlered buck per day. By limited quota permit only. Dogs must be approved by DCNR personnel. *Antlered buck restrictions apply. It is MANDATORY to bring all deer harvested to the check station for data collection. Check station will be open from 5:00 AM to 7:00 PM. | | *To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam. | | | | TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit - No more than 1 gobbler during the first 10 days of each season. | | | | No more than 2 gobblers total per hunter from Geneva State Forest WMA. | | | | CROW: | Sept. 1-March 2. No hunting on days of youth, primitive weapons, gun, or dog deer hunts. | | | DOVE: | State season. (Opening day: 12:00 noon to sunset; remainder of season - 1/2 hour before sunrise to sunset). Saturdays and Wednesdays only. No hunting on days of youth, primitive weapons, gun, or dog deer hunts. | | | RABBIT & SQUIRREL: | Sept. 14-March 2. No hunting on days of youth, primitive weapons, gun, or dog deer hunts. Fox squirrel season closed during February and March. | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. No hunting on nights preceding or nights of youth, primitive weapons, gun, or dog deer hunts. | | | QUAIL: | Nov. 2-Feb. 28. No hunting on days of youth, primitive weapons, gun, or deer hunts. | | | WATERFOWL: | State season. No hunting on days of youth, primitive weapons, gun, or dog deer hunts. | | | WOODCOCK & SNIPE: | State season. No hunting on days of youth, primitive weapons, gun, or dog deer hunts. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26-Feb. 28. (Excluding Nov. 16 & Dec. 6-7). Trapping permits must be obtained from Area Biologist. | |
GOTHARD-AWF YATES LAKE WILDLIFE MANAGEMENT AREA
(Elmore County)
| DEER: | | | | --- | --- | --- | | Zones A & B | (Archery) | Stalk Hunting Hunter's Choice: Oct. 15-Feb. 10. One deer a day, either one unantlered deer or one antlered buck. Archery hunters must abide by all gun deer hunt regulations when hunting on days of gun deer hunts . No hunting on days of youth deer hunts. | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. One deer a day, either one unantlered deer or one antlered buck. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22. One deer a day, either one unantlered deer or one antlered buck. | | | (Gun) | Stalk Hunting Antlered Bucks Only: Nov. 23-24 and Jan. 17-Feb. 2. One antlered buck a day. | | Zone A | (Gun) | Stalk Hunting Antlered Bucks Only: Nov. 29-Dec. 1, Dec. 12-15, Dec. 26-29. One antlered buck a day. | | Zone B | (Gun) | Stalk Hunting Antlered Bucks Only: Dec. 5-8, Dec. 19-22, and Jan. 2-5. One antlered buck a day. | | TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM) . Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit - No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Gothard-AWF Yates Lake WMA. | | | | CROW: | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | RABBIT & SQUIRREL: | Sept. 14-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. No hunting on nights preceding or nights of youth, primitive weapons, or gun deer hunts. | | | QUAIL: | Nov. 2-Feb. 28. No hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | WATERFOWL: | State season. No hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | WOODCOCK: | State season. No hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | FERAL SWINE, RACCOON, OPOSSUM, COYOTE & FOX: | Open during any other scheduled WMA hunting season using weapons and ammunition approved for those WMA hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26-Feb. 28. Trapping permits must be obtained from District IV office. | |
(e) District V 2024-2025 Wildlife Management Area Seasons and Bag Limits (Southwest Alabama)
GRAND BAY SAVANNA COMMUNITY HUNTING AREA
(Mobile County)
| DEER: | (Archery) | Stalk Hunting Antlered Bucks Only: Oct. 15-24. One antlered buck a day. Stalk Hunting Hunter's Choice: Oct. 25-Feb. 10. One deer a day, either one unantlered deer or one antlered buck. | | --- | --- | --- | | | (Gun) | Stalk Hunting Antlered Bucks Only: Nov. 23-Feb. 10. Thursdays, Fridays, Saturdays, and Sundays only. One antlered buck a day. Shotguns with slugs and primitive weapons only. No dogs allowed. | | TURKEY : | | CLOSED. | | CROW: | Sept. 1-March 2. | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. | | | DOVE: | State season. (Opening day: 12:00 noon to sunset; remainder of season - 1/2 hour before sunrise to sunset). | | | RABBIT & SQUIRREL: | Sept. 14-March 2. Fox squirrel season closed during February and March. | | | RAIL: | State season. | | | WATERFOWL: | State season. | | | WOODCOCK & SNIPE: | State season. | | | FERAL SWINE, COYOTE, BOBCAT, RACCOON, OPOSSUM & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26-Feb. 28. Trapping permits must be obtained from Area Biologist. | |
MOBILE-TENSAW DELTA AND W.L. HOLLAND WILDLIFE MANAGEMENT AREA
(Baldwin and Mobile Counties)
| (Jacinto Port Tract): DEER: | (Archery) | Stalk Hunting Antlered Bucks Only: Oct. 15-24. One antlered buck a day. Stalk Hunting Hunter's Choice: Oct. 25-Feb. 10. One deer a day, either one unantlered deer or one antlered buck. | | --- | --- | --- | | TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit - No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers per hunter from Mobile-Tensaw Delta & W.L. Holland WMA. | | | | RABBIT & SQUIRREL: | Sept. 14-Oct. 13 and Feb. 11-March 2. Fox Squirrel season closed during February and March. | | | FERAL SWINE, RACCOON, OPOSSUM, COYOTE & FOX: | Open during any other scheduled WMA Hunting Season on the Jacinto Port Tract using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. No centerfire rifles allowed on the Jacinto Port Tract. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26-Feb. 28. Trapping permits must be obtained from Area Biologist. | | | (Remainder of Mobile-Tensaw Delta and W. L. Holland Wildlife Management Areas Including Tom Roush Tract): | | | | DEER: | (Archery) | Stalk Hunting Antlered Bucks Only: Oct. 15-24. One antlered buck a day. Stalk Hunting Hunter's Choice: Oct. 25 - Feb. 10. One deer a day, either one unantlered deer or one antlered buck. | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. One deer a day, either one unantlered deer or one antlered buck. | | | (Gun) | Stalk Hunting Antlered Bucks Only: Nov. 23-Feb. 10. Thursdays, Fridays, Saturdays, and Sundays Only. One antlered buck a day. No dogs allowed. | | TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit - No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Mobile-Tensaw Delta & W.L. Holland WMA. | | | | CROW: | Sept. 1-March 2. | | | FERAL SWINE (Special Season): | Sept. 1-10. Dog hunting allowed. Daylight hours only. | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. | | | DOVE: | State season. (Opening day: 12:00 noon to sunset; remainder of season - 1/2 hour before sunrise to sunset). | | | RABBIT & SQUIRREL: | Sept. 14-March 2. Fox Squirrel season closed during February and March. | | | RAIL: | State season. | | | WATERFOWL: | State season. (1/2 hour before sunrise to 1:00 PM). (Further restrictions apply for the Mobile-Tensaw Delta Waterfowl Management Zone within the WMA, see Alabama Waterfowl Hunting Guide.) | | | WOODCOCK & SNIPE: | State season. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for these species. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING (excluding feral swine): | Oct. 26-Feb. 28. Trapping permits must be obtained from Area Biologist. | |
PERDIDO RIVER WILDLIFE MANAGEMENT AREA
(Baldwin County)
| DEER: | (Archery) | Stalk Hunting Antlered Bucks Only: Oct. 15-24. One antlered buck a day. Stalk Hunting Hunter's Choice: Oct. 25-Feb. 10. Two deer a day, one unantlered deer and one antlered buck. No hunting on days of youth gun deer hunt. Archery hunters must abide by all gun deer hunt regulations when hunting on days of gun deer hunts and MANDATORY check station days. | | --- | --- | --- | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. Two deer a day, one unantlered deer and one antlered buck. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22 and Dec 9-15. Two deer a day, one unantlered deer and one antlered buck. | | | (Gun) | Stalk Hunting Hunter's Choice: Nov. 23-24 and Nov. 29-30. Two deer a day, one unantlered deer and one antlered buck. It is MANDATORY to bring all deer harvested on Nov. 23, 29, and 30 (including archery) to the check station for data collection. Check station will be open from 9:00 AM to 7:00 PM. Stalk Hunting Antlered Bucks Only: Dec. 5-8, Dec. 26-29, Jan. 9-12, Jan. 23-26, and Jan. 30-Feb. 2 (Jan. 25 Bonus buck day, must be validated by WFF personnel prior to leaving the Area). One antlered buck a day. It is MANDATORY to bring all deer harvested on Dec. 28, Jan. 10 -11, Jan. 24-25, and Jan. 31-Feb. 1 (including archery) to the check station for data collection. Check station will be open from 9:00 AM to 7:00 PM. | | TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (until 1:00 PM). Gobblers only. Decoys allowed. March 31 (until 1:00 PM). Gobblers only. Decoys allowed. April 1-May 8 (until 1:00 PM). Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit - No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Perdido River WMA. | | | | CROW: | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | RACOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. No hunting on nights preceding or nights of youth, primitive weapons, or gun hunts. | | | DOVE: | State season. (Thursdays and Saturdays only; Noon until sunset). No hunting on days of youth, primitive weapons, or gun deer hunts. | | | RABBIT & SQUIRREL: | Sept. 14-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Fox Squirrel season closed during February and March. | | | QUAIL: | Nov. 2-Feb. 28. No hunting on days of youth, primitive weapons, or gun deer hunts. | | | WATERFOWL: | State season. No hunting on days of primitive weapon or gun deer hunts. | | | WOODCOCK & SNIPE: | State season. No hunting on days of primitive weapons or gun deer hunts. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX: | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING: (excluding feral swine): | Oct. 26-Feb. 28. Trapping permits must be obtained from Area Biologist. | |
RED HILLS WILDLIFE MANAGEMENT AREA (Monroe County)
| DEER: | (Archery) | Stalk Hunting Antlered Bucks Only: Oct. 15-24. One antlered buck a day. Stalk Hunting Hunter's Choice: Oct. 25-Feb. 10. Two deer a day, one unantlered deer and one antlered buck. No hunting on days of youth gun deer hunts. | | --- | --- | --- | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. Two deer a day, one unantlered deer and one antlered buck. All deer hunting shall be limited to weapons and ammunition established in Rule 220-2-.02, excluding centerfire rifles, centerfire handguns and buckshot. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22. Two deer a day, one unantlered deer and one antlered buck. | | | (Gun) | Stalk Hunting Antlered Bucks Only: Nov. 23-Dec. 20, and Jan. 5-Feb. 10. All deer hunting shall be limited to weapons and ammunition established in Rule 220-2-.02, excluding centerfire rifles, centerfire handguns and buckshot. Stalk Hunting Hunter's Choice: Dec. 21-Jan. 4. Two deer a day, one unantlered deer and one antlered buck. All deer hunting shall be limited to weapons and ammunition established in Rule 220-2-.02, excluding centerfire rifles, centerfire handguns and buckshot. | | TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. March 31 (Daylight until 1:00 PM). Gobblers only. Decoys allowed. April 1-May 8 (Daylight until 1:00 PM). Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit - No more than 1 gobbler during the first 10 days of each season. No more than 2 gobblers total per hunter from Red Hills WMA. | | | | CROW: | Sept. 1-March 2. No hunting on days of youth gun deer hunt. | | | RACCOON & OPOSSUM: | Sept. 1-March 2. Nighttime hours only. No hunting on nights preceding or nights of youth gun hunt. | | | DOVE: | State Season. (Opening Day: 12:00 Noon until sunset, remainder of season - 1/2 hour before sunrise to sunset). No hunting on days of youth, primitive weapons, or gun deer hunts. | | | RABBIT & SQUIRREL: | Sept. 14-March 2. No hunting on days of youth gun deer hunt. Fox Squirrel season closed during February and March. | | | QUAIL: | Nov. 2-Feb. 28. No hunting on days of youth gun deer hunts. | | | WATERFOWL: | State Season. | | | WOODCOCK & SNIPE: | State Season. No hunting on days of youth gun deer hunt. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX: | Open during any other scheduled WMA Hunting Season, excluding youth gun deer hunt, using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING: (excluding feral swine): | Oct. 26-Feb. 28. Trapping permits must be obtained from Area Biologist. | |
UPPER DELTA WILDLIFE MANAGEMENT AREA
(Baldwin and Mobile Counties)
| DEER : | | | | --- | --- | --- | | Zone A & B | (Archery) | Stalk Hunting Antlered Bucks Only: Oct. 15-24 . One antlered buck a day. Stalk Hunting Hunter's Choice: Oct. 25-Feb. 10 . Two deer a day, one unantlered deer and one antlered buck. Archery hunters must abide by all gun deer hunt regulations when hunting on days of gun deer hunts. No hunting on days of youth gun deer hunts. | | | (Youth) | Stalk Hunting Hunter's Choice: Nov. 16-17. One deer a day, either one unantlered deer or one antlered buck. | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 18-22, and Jan. 9-12 . One deer a day, either one unantlered deer or one antlered buck. | | | (Gun) | Stalk Hunting Antlered Bucks Only: Nov 23-24. One antlered buck a day. Stalk Hunting Hunter's Choice: Dec.12-15. One deer a day, either one unantlered deer or one antlered buck. | | | (Dog) | Dog Hunting Antlered Bucks Only: Dec. 27-28. One antlered buck a day. Dog deer hunts shall start no earlier than 7:00 am. | | Zone A | (Gun) | Stalk Hunting Antlered Bucks Only: Jan. 23-26 and 30-Feb. 2. One antlered buck a day. | | Zone B | (Gun) | Stalk Hunting Antlered Bucks Only: Dec. 30-Jan. 5 and Jan. 16-19. One antlered buck a day. | | | (Dog) | Dog Hunting Antlered Bucks Only: Nov. 25-Dec. 1 and Dec. 6-8. One antlered buck a day. Dog deer hunts shall start no earlier than 7:00 a.m. | | TURKEY : | (Youth) (Physically Disabled) (Regular) | March 29 (until 1:00 PM). Gobblers only. Decoys allowed. March 31 (until 1:00 PM). Gobblers only. Decoys allowed. April 1-May 8 (until 1:00 PM). Gobblers only. Decoys allowed April 4-May 8. | | Bag Limit - No more than 1 gobbler during the first 10 days of each season. | | | | No more than 2 gobblers total per hunter from Upper Delta WMA. | | | | CROW : | Sept. 1-March 2. No hunting on days of youth, primitive weapons, or gun deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | RACCOON & OPOSSUM : | Sept. 1-March 2. No hunting on days of youth, primitive weapons, gun, or dog deer hunts. Fox Squirrel season closed during February. Small game hunting is permitted in zone not open for gun deer hunting. | | | DOVE : | State season. (Opening day: 12:00 noon to sunset; remainder of season - 1/2 hour before sunrise to sunset). Wednesday and Saturdays only). No hunting on days of youth, primitive weapons, gun, or dog deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | RABBIT & SQUIRREL : | Sept. 14-March 2. No hunting on days of youth, primitive weapons, gun, or dog deer hunts. Fox Squirrel season closed during February and March. Small game hunting is permitted in zone not open for gun deer hunting. | | | WATERFOWL : | | | | Zone A | State season. (1/2 hour before sunrise to 1:00 PM). No hunting on days of youth, primitive weapons, gun, or dog deer hunts. | | | Zone B | State season. (1/2 hour before sunrise to 1:00 PM). | | | WOODCOCK & SNIPE : | State season. No hunting on days of youth, primitive weapons, gun, or dog deer hunts. Small game hunting is permitted in zone not open for gun deer hunting. | | | BOBCAT, COYOTE FERAL SWINE, RACCOON, OPOSSUM, & FOX : | Open during any other scheduled WMA Hunting Season using weapons and ammunition approved for those WMA hunts. No dogs allowed. Daylight hours only. | | | FURBEARER TRAPPING: (excluding feral swine) : | Oct. 26-Feb. 28. Trapping permits must be obtained from Area Biologist. | |
(2) 2024-2025 Special Opportunity Area Hunting Seasons
(a) District II 2024-2025 Special Opportunity Hunting Seasons and Bag Limits
(Northeast Alabama)
CROW CREEK SPECIAL OPPORTUNITY AREA
(Jackson County)
| DEER : | (Archery) | Stalk Hunting Hunter's Choice: Oct. 17-20, Oct. 24-27, Oct. 31-Nov. 3, Nov. 7-10, Nov. 21-24, Dec. 5-8, and Dec. 9-22. Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date in permitted hunt unit. Permit to be determined through limited quota random selection. | | --- | --- | --- | | WATERFOWL : | | Dec. 28-29, Jan. 4-5, Jan. 11-12, Jan. 18-19, Jan. 25-26. By limited quota permit only for the properly licensed permit holder. The permit holder may have four properly licensed hunting guests on that specified hunt date and in specified hunt unit. Hunters are required to remain in their assigned hunt unit on their specified hunt date. Permit to be determined through random selection. State bag limits apply for each hunter. | | | (Youth) | Feb. 8. By limited quota permit only for youth hunter permit holder and up to three youth hunting guests. The group must be supervised by at least one properly licensed adult, 21 years of age or older or the parent of the youth hunter. Hunters are required to remain in their assigned hunt unit on their specified hunt date. Only youth are allowed to hunt. Permit to be determined through random selection. State bag limits apply for each youth hunter. | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM, & FOX : | Open during any scheduled Special Opportunity Area Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. Limited to those limited quota permit holders for the specified permit days and units. | |
(b) District III 2024-2025 Special Opportunity Hunting Seasons and Bag Limits
(Central-West Central Alabama)
CEDAR CREEK SPECIAL OPPORTUNIITY AREA
(Dallas County)
| DEER : | (Archery) | Stalk Hunting Hunter's Choice: Oct. 17-20 and Oct. 24-27. Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. * Antlered buck restrictions apply. Permit to be determined through limited quota random selection. | | --- | --- | --- | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 19-22. Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. * Antlered buck restrictions apply. Permit to be determined through limited quota random selection. | | | (Gun) | Stalk Hunting Antlerless Deer Only: Nov. 7-10. Bag limit of four antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. Permit to be determined through limited quota random selection. The permit holder and guest may each bring one youth 8-15 years of age. Permit holder and/or guest and youth are allowed one gun per hunting pair. Bag limit allowed to each hunting pair. Stalk Hunting Hunter's Choice: Dec. 5-Dec. 8, Dec. 27-30, Jan. 7-10, Jan. 16-19, Jan. 23-26, and Feb. 6-9. Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. * Antlered buck restrictions apply. Permit to be determined through limited quota random selection. The permit holder and guest may each bring one youth 8-15 years of age. Permit holder and/or guest and youth are allowed one gun per hunting pair. Bag limit allowed to each hunting pair. | | To be legal for harvest, antlered bucks must have: *** Inside spread width of 16" (outside the ears) or 18" main beam (3x length of the ear).* *** Hunters are required to record data of harvest date, sex, lactation presence, weight, and antler measurements at kiosk. Hunters must also extract the jawbone and leave it at the kiosk.** *** Hunters are required to email pictures of their harvest to the district biologist.** | | | | TURKEY : | (Regular) | April 4-6, April 11-13, April 18-20, April 25-27, and May 2-4. Bag limit of one gobbler each, for properly licensed permit holder and one properly licensed guest during 3- day hunt on specified hunt date and in specified hunt unit. Permit to be determined through limited quota random selection. The permit holder and guest may bring one youth each 8-15 years of age. Permit holder and/or guest and youth are allowed one gun per hunting pair. Bag limit allowed to each hunting pair. | | QUAIL, RABBIT, SQUIRREL, & RACCOON : | Feb. 13-19 and Feb. 20-26. By limited quota permit only for the properly licensed hunter. The permit holder may have three properly licensed hunting guests (youth 15 years old and younger can accompany hunt party, in addition to guests) on that specified hunt date and in specified hunt unit. Permit to be determined through limited quota random selection. State bag limits apply for each hunter. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX : | Open during any scheduled Special Opportunity Area Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. Limited to those limited quota permit holders for the specified permit days and units. | |
PORTLAND LANDING SPECIAL OPPORTUNITY AREA
(Dallas County)
| DEER : | (Archery) | Stalk Hunting Hunter's Choice: 17-20, Oct. 24-27. Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. * Antlered buck restrictions apply. Permit to be determined through limited quota random selection. | | --- | --- | --- | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 19-22. Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. * Antlered buck restrictions apply. Permit to be determined through limited quota random selection. | | | (Adult Mentored) | Stalk Hunting Antlerless Deer Only: Nov. 8-10, AND Dec. 13-15. Bag limit of three antlerless deer for each hunter during the 43-day hunt. By limited quota permit only for the properly licensed hunter. | | | (Gun) | Stalk Hunting Hunter's Choice: Dec. 5-Dec. 8, Dec. 27-30, Jan. 7-10, Jan. 16-19, Jan. 23-26, and Feb. 6-9. Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. * Antlered buck restrictions apply. Permit to be determined through limited quota random selection. The permit holder and guest may each bring one youth 815 years of age. Permit holder and/or guest and youth are allowed one gun per hunting pair. Bag limit allowed to each hunting pair. | | *To be legal for harvest, antlered bucks must have: * Inside spread width of 16" (outside the ears) or 18" main beam (3x length of the ear). * Hunters are required to record data of harvest date, sex, lactation presence, weight, and antler measurements at kiosk. Hunters must also extract the jawbone and leave it at the kiosk. * Hunters are required to email pictures of their harvest to the district biologist. | | | | WATERFOWL : | Jan. 4-5 . By limited quota permit only for the properly licensed permit holder. The permit holder may have two properly licensed hunting guests on that specified hunt date and in specified hunt unit. Hunters are required to remain in their assigned hunt unit on their specified hunt date. Permit to be determined through limited quota random selection. State bag limits apply for each hunter. | | | TURKEY : | (Regular) | April 4-6, April 11-13, April 18-20, and April 25-27 Bag limit of one gobbler each, for properly licensed permit holder and one properly licensed guest during 3- day hunt on specified hunt date and in specified hunt unit. Permit to be determined through limited quota random selection. The permit holder and guest may bring one youth each 8-15 years of age. Permit holder and/or guest and youth are allowed one gun per hunting pair. Bag limit allowed to each hunting pair. | | | (Adult Mentored) | May 2-4. Bag limit of one gobbler for each hunter during the 3-day hunt. By limited quota permit only for the properly licensed hunter. Permit to be determined through limited quota random selection. | | DOVE : | Sept. 14. By limited quota permit only for the properly licensed hunter. The permit holder may have on e properly licensed hunting guest on that specified hunt dat. The permit holder and guest may bring one youth each 8-15 years of age. Permit and specified hunt location to be determined through limited quota random selection. State bag limits apply for each hunter. | | | | (Adult Mentored) | Sept. 14. By limited quota permit only for the properly licensed hunter. Permit to be determined through random selection. State bag limits apply for each hunter. | | FERAL SWINE : | (Gun) | Stalk Hunting Only: Mar. 1-2. No bag limit. No dogs. Daylight hours only. By limited quota permit only for the properly licensed permit holder and one properly licensed guest during 2-day hunt on specified hunt date and in specified hunt unit. Permit to be determined through limited quota random selection. The permit holder and guest may bring one youth each 8-15 years of age. | | (Adult Mentored) | Stalk Hunting Only: Feb. 10-11. No bag limit. No dogs. Daylight hours only. By limited quota permit only for the properly licensed hunter. Permit to be determined through random selection | | | QUAIL, RABBIT, SQUIRREL, & RACCOON : | Feb. 13-19 and Feb. 20-26. By limited quota permit only for the properly licensed hunter. The permit holder may have three properly licensed hunting guests (youth 15 years old and younger can accompany hunt party, in addition to guests) on that specified hunt date and in specified hunt unit. Permit to be determined through limited quota random selection. State bag limits apply for each hunter. | | | (Adult Mentored) | Feb. 27-28. By limited quota permit only for the properly licensed hunter. Permit to be determined through random selection. State bag limits apply for each hunter. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX : | Open during any scheduled Special Opportunity Area Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. Limited to those limited quota permit holders for the specified permit days and units. | |
(c) District IV 2024-2025 Special Opportunity Hunting Seasons and Bag Limits
(Central, East Central, and Southeast Alabama)
PRAIRIE GLADES SPECIAL OPPORTUNITY AREA
(Montgomery County)
| DOVE : | Sept. 14, Sept. 28, Oct. 12, and Oct. 26. By limited quota permit only for the properly licensed hunter. The permit holder may have one properly licensed hunting guest on that specified hunt date. The permit holder and guest may bring one youth each 8-15 years of age. Permit to be determined through limited quota random selection. State bag limits apply for each hunter. | | --- | --- |
UCHEE CREEK SPECIAL OPPORTUNITY AREA
(Russell County)
| DEER : | (Archery) | Stalk Hunting Antlered Bucks Only: Oct. 17-20, Oct. 24-27, and Oct. 31- Nov. 3 . Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4- day hunt on specified hunt date and in specified hunt unit. *** Antlered buck restrictions apply.** Permit to he determined through limited quota random selection. | | --- | --- | --- | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 19-22. Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. Antlered buck restrictions apply. Permit to be determined through limited quota random selection. | | | (Gun) | Stalk Hunting Antlerless Deer Only: Nov. 7-10. Bag limit of four antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. Permit to be determined through limited quota random selection. Stalk Hunting Hunter's Choice: Dec. 5-8, Dec. 19-22, Jan. 2-5, Jan. 16-19, and Jan. 30-Feb. 2. Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. Permit to be determined through limited quota random selection. The permit holder and guest may each bring one youth 8-15 years of age. Permit holder and/or guest and youth are allowed one gun per hunting pair. Bag limit allowed to each hunting pair. | | *** To be legal for harvest, antlered bucks must have:* * Inside spread width of 16" (outside the ears) or 18" main beam (3x length of the ear). * Hunters are required to record data of harvest date, sex, lactation presence, weight, and antler measurements at kiosk. Hunters must also extract the jawbone and leave it at the kiosk. * Hunters are required to email pictures of their harvest to the district biologist. | | | | WATERFOWL : | Dec. 14-15, and Jan. 11-12. By limited quota permit only for the properly licensed permit holder. The permit holder may have three properly licensed hunting guests on that specified hunt date and in specified hunt unit. Hunters are required to remain in their assigned hunt unit on their specified hunt date. Permit and specified hunt unit to be determined through limited quota random selection. State bag limits apply for each hunter. | | | TURKEY : | (Regular) | April 4-6, April 11-13, April 18-20, April 25-27, and May 2-4 . Bag limit of one gobbler each, for properly licensed permit holder and one properly licensed guest during 3- day hunt on specified hunt date and in specified hunt unit. Permit to be determined through limited quota random selection. The permit holder and guest may bring one youth each 8 - 15 years of age. Permit holder and/ or guest and youth are allowed one gun per hunting pair. Bag limit allowed to each hunting pair. | | QUAIL, RABBIT, & SQUIRREL : | Feb. 10-16 and Feb. 17-23. By limited quota permit only for the properly licensed hunter. The permit holder may have three properly licensed hunting guests (youth 15 years old and younger can accompany hunt party, in addition to guests) on that specified hunt date and in specified hunt unit. Permit to be determined through limited quota random selection. State bag limits apply for each hunter. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX : | Open during any scheduled Special Opportunity Area Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. Limited to those limited quota permit holders for the specified permit days and units. | |
(d) District V 2024-2025 Special Opportunity Area Hunting Seasons and Bag Limits
(Southwest Alabama)
BLACKWATER RIVER SPECIAL OPPORTUNITY AREA
(Baldwin County)
| DEER : | (Archery) | Stalk Hunting Hunter's Choice: Oct. 24-27, Oct. 31-Nov. 3, and Nov. 7-10. Bag limit of one antlered buck and one antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. Permit to be determined through limited quota random selection. | | --- | --- | --- | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 21-Nov. 24 | | | (Gun) | Stalk Hunting Hunter's Choice: Dec. 5-8, Dec. 12-15, Dec. 19-22, Jan. 9-12, Jan. 23-26 and Feb. 6-9. Bag limit of one antlered buck and one antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. Permit to be determined through limited quota random selection. The permit holder and guest may each bring one youth 8-15 years of age. Permit holder and/or guest and youth are allowed one gun per hunting pair. Bag limit allowed to each hunting pair. | | *To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam. | | | | DOVE : | Sept. 21. By limited quota permit only for the properly licensed hunter. The permit holder may have one properly licensed hunting guest on that specified hunt date. The permit holder and guest may bring one youth each 8-15 years of age. Permit to be determined through limited quota random selection. State bag limits apply for each hunter. | | | QUAIL, RABBIT, & SQUIRREL : | Feb. 17-23 and Feb. 24-Mar. 2. By limited quota permit only for the properly licensed hunter. The permit holder may have three properly licensed hunting guests (youth 15 years old and younger can accompany hunt party, in addition to guests) on that specified hunt date and in specified hunt unit. Permit and specified hunt unit to be determined through limited quota random selection. State bag limits apply for each hunter. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM, & FOX : | Open during any scheduled Special Opportunity Area Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. Limited to those limited quota permit holders for the specified permit days and units. | |
CHOCTAW
NWR_________________________________
________________________________ (Choctaw County)
| DEER: | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 19-22. Bag limit of one antlered buck and one antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. Permit to be determined through limited quota random selection. | | --- | --- | --- |
FRED T. STIMPSON SPECIAL OPPORTUNITY AREA
(Clarke County)
| DEER : | (Archery) | Stalk Hunting Hunter's Choice: Oct. 17-20, Oct. 24-27, Dec. 12-15, Jan. 9-12, and Jan. 23-26. Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. * Antlered buck restrictions apply. Permit to be determined through limited quota random selection. | | --- | --- | --- | | | (Youth Gun) | Stalk Hunting Hunter's Choice: Nov. 23, Nov. 16-17, Dec. 7-8 and Dec. 28-29 . Bag limit of one antlered buck and two antlerless deer for each youth hunter during 2-day hunt. Only Youth 8-15 years of age can hunt. No antler restrictions apply. By limited quota permit only for properly licensed adult supervisor and one youth hunter aged 8-15 years on that specified hunt date and in specified hunt unit. Permit to be determined through limited quota random selection. | | *** To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam.* | | | | TURKEY : | (Regular) | April 4-6, April 11-13, and April 25-27. Bag limit of one gobbler each, for properly licensed permit holder and one properly licensed guest during 3-day hunt on specified hunt date and in specified hunt unit. Permit to be determined through limited quota random selection. The permit holder and guest may bring one youth each 8 - 15 years of age. Permit holder and/ or guest and youth are allowed one gun per hunting pair. Bag limit allowed to each hunting pair. | | RABBIT & SQUIRREL : | (Youth) | Oct. 12-13 and Feb. 8-9 . By limited quota permit only for the properly licensed hunter and a minimum of one youth hunter. The permit holder may have three properly licensed hunting guests (youth 15 years old and younger can accompany hunt party, in addition to guests) on that specified hunt date and in specified hunt unit. Permit and specified hunt unit to be determined through limited quota random selection. State bag limits apply for each hunter. | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX : | Open during any scheduled Special Opportunity Area Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. Limited to those limited quota permit holders for the specified permit days and units. | |
THIGPEN HILL SPECIAL OPPORTUNITY AREA
(Butler County)
| DEER : | (Archery) | Stalk Hunting Hunter's Choice: Oct. 17-20 and Oct. 24-27. Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. * Antlered buck restrictions apply. Permit to be determined through limited quota random selection. | | --- | --- | --- | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 19-22. Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. * Antlered buck restrictions apply. Permit to be determined through limited quota random selection. | | | (Gun) | Stalk Hunting Antlerless Deer Only: Nov. 7-10. Bag limit of four antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. The permit holder and guest may each bring one youth 8-15 years of age. Permit holder and/or guest and youth are allowed one gun per hunting pair. Bag limit allowed to each hunting pair. Permit to be determined through limited quota random selection. Stalk Hunting Hunter's Choice: 5-8, Dec. 19-22, Jan. 2-5, Jan. 16-19, and Jan. 30-Feb. 2. Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. * Antlered buck restrictions apply. Permit to be determined through limited quota random selection. The permit holder and guest may each bring one youth 8-15 years of age. Permit holder and/or guest and youth are allowed one gun per hunting pair. Bag limit allowed to each hunting pair. | | *To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam. | | | | FERAL SWINE | (Gun) | Stalk Hunting Only: Mar. 1-2, April 4-6, April 11-13, April 18-20, April 25-27, and May 2-4. No bag limit. No dogs. Daylight hours only. By limited quota permit only for the properly licensed permit holder and one properly licensed guest during the hunt on specified hunt date and in specified hunt unit. Permit to be determined 1hrough limited quota random selection. The permit holder and guest may bring one hunting youth each 15 years old or younger. | | QUAIL, RABBIT, & SQUIRREL : | Feb. 10-16, and Feb. 17-23. By limited quota permit only for the properly licensed hunter. The permit holder may have three properly licensed hunting guests (Youth 15 years old and younger can accompany hunt party, in addition to guests) on that specified hunt date and in specified hunt unit. Permit and specified hunt unit to be determined through limited quota random selection. State bag limits apply for each hunter. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX : | Open during any scheduled Special Opportunity Area Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. Limited to those limited quota permit holders for the specified permit days and units. | |
LITTLE RIVER SPECIAL OPPORTUNITY AREA
(Escambia County)
| DEER : | (Archery) | Stalk Hunting Hunter's Choice: Oct. 17-20, Oct. 24-27, and Oct. 31-Nov. 3. Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. * Antlered buck restrictions apply. Permit to be determined through limited quota random selection. | | --- | --- | --- | | | (Primitive Weapons) | Stalk Hunting Hunter's Choice: Nov. 19-22. Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. * Antlered buck restrictions apply. Permit to be determined through limited quota random selection. | | | (Gun) | Stalk Hunting Hunter's Choice: Dec. 5-Dec. 8, Dec. 26-29, Jan. 16-19, Jan. 23-26, and Jan. 30-Feb. 2. Bag limit of one antlered buck and three antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. * Antlered buck restrictions apply. Permit to be determined through limited quota random selection. The permit holder and guest may each bring one youth 8-15 years of age. Permit holder and/or guest and youth are allowed one gun per hunting pair. Bag limit allowed to each hunting pair. | | *To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam. | | | | TURKEY : | (Regular) | April 4-6, April 11-13, April 18-20, April 25-27, and May 2- 4. Bag limit of one gobbler each, for properly licensed permit holder and one properly licensed guest during 3-day hunt on specified hunt date and in specified hunt unit. Permit to be determined 1 hrough limited quota random selection. The permit holder and guest may bring one youth each 8-15 years of age. Permit holder and/or guest and youth are allowed one gun per hunting pair. Bag limit allowed to each hunting pair. | | QUAIL, RABBIT, & SQUIRREL : | Feb. 10-16, and Feb. 17-23. By limited quota permit only for the properly licensed hunter. The permit holder may have three properly licensed hunting guests (Youth 15 years old and younger can accompany hunt party, in addition to guests) on that specified hunt date and in specified hunt unit. Permit and specified hunt unit to be determined through limited quota random selection. State bag limits apply for each hunter. | | | DOVE : | Sept. 7 By limited quota permit only for the properly licensed hunter. The permit holder may have one properly licensed hunting guest on that specified hunt date. The permit holder and guest may bring one youth each 8-15 years of age. Permit to be determined through limited quota random selection. State bag limits apply for each hunter. | | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX : | Open during any scheduled Special Opportunity Area Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. Limited to those limited quota permit holders for the specified permit days and units. | |
UPPER STATE SPECIAL OPPORTUNITY AREA
(Clarke County)
| DEER : | (Archery) | Stalk Hunting Hunter's Choice: Oct. 17-20, Oct. 24-27, Nov. 7-10, Nov. 21-24, Dec. 26-29, Jan. 2-5, Jan. 16-19, and Jan. 30- Feb. 2. Bag limit of one antlered buck and two antlerless deer each, for properly licensed permit holder and one properly licensed guest during 4-day hunt on specified hunt date and in specified hunt unit. * Antlered buck restrictions apply. Permit to be determined through limited quota random selection. | | --- | --- | --- | | *To be legal for harvest, antlered bucks must have at least three (3) antler points (1 inch or longer) on at least one main beam. | | | | TURKEY : | (Regular) | April 4-6 and, April 18-20. Bag limit of one gobbler each, for properly licensed permit holder and one properly licensed guest during 3-day hunt on specified hunt date and in specified hunt unit. Permit to be determined 1hrough limited quota random selection. The permit holder and guest may bring one youth each 8-15 years of age. Permit holder and/or guest and youth are allowed one gun per hunting pair. Bag limit allowed to each hunting pair. | | BOBCAT, COYOTE, FERAL SWINE, RACCOON, OPOSSUM & FOX : | Open during any scheduled Special Opportunity Area Hunting Season using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. Limited to those limited quota permit holders for the specified permit days and units. | |
History
Effective immediately, the following creel limits shall exist for Open, Buck, Ditch and Otter Ponds, located on U.S. Forest Service lands in Covington County:
(a) A daily creel limit of 20 bream, 2 bass, 5 catfish per person, the limits representing aggregate totals from any or all of the four ponds.
Author:
History
History
(Repealed).
Author:
History
(1) It shall be unlawful for any person to use an airboat on any of the public waters of this State in Baldwin or Mobile counties between November 15th of each year and the end of the waterfowl seasons.
(2) The prohibition prescribed in Paragraph (1) above shall not apply to the use of airboats by law enforcement personnel, state aquatic plant management personnel, oil and gas exploration crews, or utility company personnel while operating air boats in their official capacities.
History
The daily creel, possession and size limits for game fish and catfish in Federally owned and managed ponds and fishing lakes in the State of Alabama shall be as posted at each pond or lake. Creel, possession and size limits for fish not posted shall be the same as otherwise provided for all public waters of this State.
Author:
History
The following special 1984-85 Hunter's Choice Deer Season on the following specific area, in accordance with the below-stated time, place, manner, and means, is hereby established:
Anniston Army Depot, located in Calhoun County, Alabama, is hereby opened to gun hunting of deer, antlered and antlerless, except spotted fawns, sunrise to sunset, on December 1, 15, and 29, 1984, and January 6 and 12, 1985.
Author: John W. Hodnett
History
(Repealed 7/16/97) [Rule 220-2-.64, entitled "Black Bass Size Limit for West Point Reservoir," is hereby expressly repealed in its entirety.]
Author: James D. Martin
History
(a) Anniston Ordinance Depot, located in Calhoun County, Alabama, is hereby opened to gun hunting of deer, antlered and antlerless, except spotted fawns, sunrise to sunset, on December 3, 17, and 31, 1983, and January 8 and 14, 1984.
(b) Redstone Arsenal, located in Madison County, Alabama, is hereby opened to gun hunting of deer, antlered and antlerless, except spotted fawns, sunrise to sunset, on December 17, 18, 26, 27, 28, 29 and 30, 1983, and January 7, 8, 9, 14 and 15, 1984, only. This season will terminate with the taking of two hundred (200) antlerless deer if before all dates are hunted.
(c) Effective at sunrise on Thursday, December 17, 1983, Fort McClellan and Pelham Range located in Calhoun County, Alabama, are hereby opened to gun hunting of deer, antlered and antlerless, except spotted fawns. It shall be unlawful to take such deer except between the hours of sunrise and sunset. This hunting season shall terminate as soon as two hundred (200) antlerless deer have been taken, this will be limited to one hundred (100) deer from each area, but in any event no later than sunset on Sunday, January 1, 1984.
(d) Fort Rucker, located in Dale and Coffee Counties, Alabama, is hereby opened to the hunting of deer, antlered and antlerless, except spotted fawns, sunrise to sunset, on December 10 and 11, 1983. The hunting will be restricted to black powder, flintlock firearms, .40 caliber or larger with open metallic sights only (no scopes).
(e) Wheeler Wildlife Refuge, except Redstone, located in Limestone, Madison and Morgan Counties, Alabama, is hereby opened to the hunting of deer, antlered and antlerless, except spotted fawns, sunrise to sunset from January 16 to January 31, 1984. The hunting will be restricted to black powder, flintlock firearms, .40 caliber or larger with open metallic sights (no scopes) and bow and arrow (no crossbow).
Author:
History
DOVE:
15 a Day -- 15 in Possession
SOUTH ZONE: Baldwin; Coffee; Covington; Dale; Escambia; Geneva; Henry; Houston; Mobile.
SPLIT SEASON
October 7 - November 22.
December 22 - January 3.
Shooting Hours: Baldwin; Mobile.
12 O'Clock Noon Until Sunset
Shooting Hours: Coffee; Covington; Dale; Escambia; Geneva; Henry; Houston.
SPLIT SEASON:
30 Minutes Before Sunrise Until Sunset -Oct. 7 - Nov. 22.
12 O'Clock Noon Until Sunset - Dec. 22 - Jan. 3.
NORTH ZONE: All Counties Except Those Listed Above.
Shooting Hours: Autauga; Barbour; Bullock; Chilton; Choctaw; Clarke; Conecuh; Crenshaw; Dallas; Elmore; Lee; Lowndes; Macon; Marengo; Monroe; Montgomery; Pike; Russell; Washington; Wilcox.
SPLIT SEASON
30 Minutes Before Sunrise Until Sunset - Sept. 17-Oct. 29.
12 O'Clock Noon Until Sunset - Dec. 22 - Jan. 3.
NORTH ZONE: All Counties Except Those Listed Above.
Shooting Hours: Autauga; Barbour; Bullock; Butler; Chilton; Choctaw; Clarke; Conecuh; Crenshaw; Dallas; Elmore; Lee; Lowndes; Macon; Marengo; Monroe; Montgomery; Pike; Russell; Washington; Wilcox.
SPLIT SEASON
30 Minutes Before Sunrise Until Sunset - Sept. 17 - Oct. 29 and Dec. 17 - Jan. 2.
Shooting Hours: All Other Counties in North Zone.
SPLIT SEASON
12 O'Clock Noon Until Sunset - Sept. 17 - Sept. 25.
30 Minutes Before Sunrise Until Sunset - Sept. 26 - Oct. 29 and Dec. 17 - Jan. 2.
WOODCOCK:
5 a Day -- 10 in Possession
Nov. 28 - Jan. 31.
SNIPE:
8 a Day -- 16 in Possession
Nov. 14 - Feb. 29.
RAIL AND GALLINULE:
15 a Day -- 15 in Possession
Nov. 12 - Jan. 20
SPECIAL TEAL SEASON:
4 a Day -- 8 in Possession
Sunrise to Sunset, except in Mobile Delta North of the Causeway and South of L & N Railroad - Sunrise to Twelve Noon.
Sept. 10 - Sept. 18.
DUCK, COOT & MERGANSER:
Baldwin and Mobile Counties
Nov. 17 - 27.
Dec. 8 - Jan. 15.
In areas North of Battleship Causeway, west of Ala. Hwy. 225, South of L & N Railroad tracks and east of the west bank of the Mobile River, the Duck, Coot, Goose, and Merganser season shall be only on Thursdays, Fridays, Saturdays, and Sundays from one-half hour before sunrise to 12:00 noon.
In remainder of state - Dec. 2 - Jan. 20.
GOOSE:
5 a Day -- 5 in Possession
Nov. 12 - Jan. 20.
Except on Pickwick, Wilson, and Wheeler Reservoirs west of U. S. Hwy. 31, the Goose season shall be Dec. 2 - Jan. 20, and in Barbour, Henry, and Russell Counties there shall be NO OPEN
GOOSE SEASON.
BAG LIMITS FOR DUCK, COOT, AND GOOSE:
Duck: Point System
Coot: 15 a Day - 30 in Possession
Goose: The bag limit of 5 shall not include more than 2
Canada Geese or 2 White-Fronted Geese.
The possession limit of 5 shall include no more than 4 Canada Geese and White-Fronted Geese in aggregate.
DUCK POINT SYSTEM:
Daily bag limit is reached when point value of the last bird taken added to sum of the point values of other birds already taken during that day reaches or exceeds 100 points. The possession limit is the maximum number of birds of species and sex which could have legally been taken in two days. Point values for species and sexes shall be as follows:
100 Points: Canvasback, Black Duck
70 Points: Hen Mallards, Hooded Merganser, Redhead, and Wood Duck
75 Points: Drake Mallard and all other species of ducks not listed elsewhere
10 Points: Blue Winged Teal, Cinnamon Teal, Green Winged Teal, Gadwall, Shoveler, Scaup, Pintail, Merganser (except Hooded Merganser), and Widgeon
DUCK STAMPS:
State and Federal Duck Stamps shall be required when hunting Migratory Waterfowl.
TIME FOR HUNTING DUCK, COOT, MERGANSER & GOOSE:
Duck, Coot, Merganser, and Goose may be hunted one half hour before sunrise to sunset, except as otherwise noted.
Author: John W. Hodnett
History
Any person properly licensed under the provisions of Act No. 83-482, Acts of Alabama, Regular Session, 1983, is hereby authorized to take, catch or kill nongame fish from the public waters of Jefferson County (except in municipal parks) by the use of wire baskets having a mesh of one (1) inch or larger. Persons are restricted to four (4) such licenses per person and are restricted to the use of four (4) wire baskets per person and the use of said baskets shall be governed strictly in accordance with the provisions of Act No. 83-482, Acts of Ala., Regular Session 1983.
Author: John W. Hodnett
History
Author: John W. Hodnett
History
(1) The following special 1985-86 Hunter's Choice Deer Seasons on the following specific areas, in accordance with the below-stated times, places, manners, and means, are hereby established:
(a) Redstone Arsenal, located in Madison County, Alabama, is hereby opened to gun hunting of deer, antlered and antlerless, except spotted fawns, sunrise to sunset, on December 21, 22, 26, 27, 28, 29, and 30, 1985, and January 4, 5, 11, 12, 18, and 19, 1986, only. This season will terminate with the taking of two hundred fifty (250) antlerless deer if before all dates are hunted.
(b) Fort Rucker, located in Dale and Coffee Counties, Alabama, is hereby opened to the hunting of deer, antlered or antlerless, except spotted fawns, sunrise to sunset, on November 23 and 24, 1985. The hunting will be restricted to black powder, muzzleloading firearms, .40 caliber or larger with open metallic sights only (no scopes).
(c) Wheeler Wildlife Refuge, except Redstone, located in Limestone, Madison, and Morgan Counties, Alabama, is hereby opened to the hunting of deer, antlered or antlerless, except spotted fawns, sunrise to sunset from January 18 to January 31, 1986. The hunting will be restricted to black powder, flintlock firearms, .40 caliber or larger with open metallic sights (no scopes) and bow and arrow (no crossbow).
(d) Anniston Army Depot, located in Calhoun County, Alabama, is hereby opened to gun hunting of deer, antlered and antlerless, except spotted fawns, sunrise to sunset, on November 30, December 7 and 21, 1985, and January 4 and 12, 1986.
(e) Effective at sunrise on Wednesday, December 18, 1985, two (2) areas of Fort McClellan, located in Calhoun County, Alabama, shall be opened to the gun hunting of deer, antlered and antlerless, except spotted fawns, between the hours of sunrise and sunset. The two (2) areas opened shall be Main Post and Pelham Range. Each area shall remain open to said hunting until 100 antlerless deer have been taken at that area, but in any event no later than sunset on Wednesday, January 1, 1986.
(2) All regulations or parts of regulations in conflict with this regulation are hereby expressly repealed to the extent of their conflict herewith.
Author: John W. Hodnett
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(1) The Division of Wildlife and Freshwater Fisheries of the Alabama Department of Conservation and Natural Resources shall administer a program entitled "The Alabama Cooperative Deer Management Assistance Program" to improve management of white-tailed deer through cooperative agreements with landowners and hunting clubs.
(2) Each prospective participant shall submit an application on a form to be supplied by the Division of Wildlife and Freshwater Fisheries. Each application must be accompanied by two copies of a map of the area to be included in the Deer Management Program that are of sufficient detail to allow the area's boundaries to be readily determined. Approval of the application shall be at the discretion of the Division of Wildlife and Freshwater Fisheries. Each landowner/club approved shall be termed a "cooperator."
(3) Each cooperator shall designate a person with authority to represent all parties with a controlling interest in hunting activities on the land to serve as the cooperator's contact with the Division of Wildlife and Freshwater Fisheries.
(4) The Division of Wildlife and Freshwater Fisheries shall designate a Wildlife Biologist, knowledgeable in deer management, as the agency's contact with each cooperator.
(5) Cooperators must abide by all hunting laws and regulations. Failure to do so shall be cause to terminate participation in the Deer Management Assistance Program.
(6) Each cooperator shall make a written statement of its deer management objectives. Those objectives must be within the capabilities of the harvest and management strategies that can be applied.
(7) Each cooperator shall collect specified biological information from deer harvested and submit the data to the Division of Wildlife and Freshwater Fisheries as directed. Failure to do so shall be cause to terminate participation in the Deer Management Assistance Program.
(8) Information concerning past harvest, existing conditions and deer management objectives will be considered in the development of a deer management and harvest strategy for each cooperator. Harvest of unantlered deer will be prescribed as appropriate.
(9) Harvest of unantlered deer outside the regular Hunter's Choice hunting season will be allowed only where appropriate to meet the deer management objectives of the cooperator. The number of unantlered deer to be taken, dates of harvest and bag limits will be designated and shall be by written permit as approved by the Division of Wildlife and Freshwater Fisheries Director based on recommendations submitted by the Wildlife and Enforcement Sections. The regular Hunter's Choice hunting season shall not apply to the extent of its conflict with the provisions of said permits.
(10) Any person hunting on areas included in the Deer Management Program shall comply with all applicable laws, rules, and regulations, including those relating to the wearing of hunter orange.
(11) The Division of Wildlife and Freshwater Fisheries shall provide the cooperator a report based on the biological information submitted.
(12) The penalty for the violation of any of the provisions of this regulation shall be as provided by law.
(13) This regulation shall become effective on the 36th day after filing with the Legislative Reference Service.
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(1) The following 2024-2025 hunting seasons for duck, coot, merganser, goose, and teal, in accordance with the below-stated times, places, manners, and means, are hereby established:
(a)
| Duck, Coot, and Merganser: | November 29 - December 1 December 6 - January 31 | | --- | --- | | Duck: | Limit 6 ducks a day and may include no more than 4 Mallards (no more than 2 of which may be a female), 3 Wood Ducks, 1 Mottled Duck, 2 Black Ducks, 2 Redhead, 1 Pintail, 2 Canvasback, and 1 Scaup. The possession limit is three times the daily bag limit | | Merganser: | Limit 5 a day, only 2 may be a Hooded Merganser. The possession limit is three times the daily bag limit. | | Coot: | Limit 15 a day. The possession limit is three times the daily bag limit. |
(b)
| Goose: | | | --- | --- | | All Geese Statewide: | September 7 - October 6 October 19 - November 2 November 29 - December 1 December 6 - January 31 |
Shooting hours shall be one-half hour before sunrise to sunset each day.
| Dark Geese (Canada, White-Fronted, & Brant): | The aggregated bag limit shall be 5 a day. The possession limit is three times the daily bag limit. | | --- | --- | | Light Geese (Snow, Blue, and Ross's): | The aggregated bag limit shall be 5 a day. The possession limit is three times the daily bag limit. |
(c) Regions and Times for Hunting Duck, Coot, Merganser, and Goose:
Mobile Tensaw Delta Waterfowl Management Zone: The following description defines the boundaries of the Mobile-Tensaw Delta Waterfowl Management Zone. Beginning at the intersection of Highway 90 and the west bank of the Mobile River, east along Highway 90 to the intersection with Interstate 10 at Chacaloochee Bay, east along Interstate 10 to the intersection with Highway 98, northwardly along Highway 98 to the intersection of Highway 90, northwardly along Highway 90 to the intersection with Alabama Highway 225, north along Alabama Highway 225 to the intersection with the railroad that crosses Alabama Highway 225 at the approximate latitude of 30.857136, west along the railroad to the intersection of the west bank of the Mobile River, and south along the west bank of the Mobile River to Highway 90. The Mobile-Tensaw Delta Waterfowl Management Zone excludes the Apalachee Refuge where no hunting is allowed (see below).
Big Bateau Bay & Bay Grass: The area of the Mobile-Tensaw Delta known as Big Bateau Bay and Bay Grass shall be closed to the operation of all gas-powered motors from the second Saturday in November through the second Saturday in February.
Monday and Tuesday: Closed to Waterfowl Hunting Wednesday through Sunday: Shooting hours shall be one-half hour before sunrise to 1:00 P.M.
(For special early teal and goose seasons, shooting days and hours shall be Monday - Sunday, 30 minutes before sunrise to sunset.)
Apalachee Refuge "NO HUNTING": The following description defines the boundaries of the Apalachee Refuge. Beginning at the intersection of Interstate 10 and Highway 90 at Chacaloochee Bay, east along Interstate 10 to the western channel of the Apalachee River as marked by boundary signs, north to the intersection of Highway 90, west along Highway 90 to the intersection of Interstate 10. The Apalachee Refuge is closed to hunting and the operation of all gas-powered motors from the second Saturday in November through the second Saturday in February.
Remainder of the State:
Shooting hours shall be from one-half hour before sunrise to sunset each day.
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(d) Special Early Teal Season: September 14 - 29
Limit 6 a day. The possession limit is three times the daily bag limit.
Shooting hours shall be from one-half hour before sunrise to sunset each day.
(e) Special Youth, Active Military, and Military Veteran's Waterfowl Hunting:
November 23, 2024 & February 8, 2025, in accordance with regulations.
Same shooting hours, bag limits, and legal arms and ammunition apply as in regular waterfowl season, in accordance with Rule 220-2-.119.
(f) Non-toxic shot:
The use of non-toxic shot, either (1) steel shot T size or smaller, or (2) other shot and sizes approved by the U. S. Fish and Wildlife Service, is required in Alabama for waterfowl hunting.
(g) Duck Stamps:
Valid State and Federal Duck Stamps shall be required when Hunting Migratory Waterfowl. All licensed hunters are also required to have a Harvest Information Program permit.
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(1) During the applicable spring turkey season(s) the running of hunting dogs is hereby prohibited on all areas of the State open to the hunting of turkey.
(2) This regulation shall become effective on the 36th day after filing with the Legislative Reference Service.
Author: John W. Hodnett
History
(1) During the applicable spring turkey seasons the running of hunting dogs is hereby prohibited on all state wildlife management areas and refuges open to the hunting of turkey.
(2) This regulation shall become effective on the 36th day after filing with the Legislative Reference Service.
Author: John W. Hodnett
History
(Repealed).
Author:
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(1) During dates and in areas open by regulation to gun deer season, including youth deer season and muzzleloader deer season, all persons hunting any wildlife species, except foxes, raccoons and opossums during legal nighttime hours or turkey, or migratory birds (including crows), are required to wear an outer garment above the waist with a minimum of 144 square inches of hunter orange or either a full size hunter orange hat or cap. Hunters are not required to wear hunter orange when hunting from a stand elevated twelve (12) feet or more from the ground, when hunting in an enclosed box stand, when traveling in an enclosed vehicle, or when traveling on foot no more than twenty feet directly between an operating enclosed vehicle and a stand where the hunter is exempt from the hunter orange requirement. The hunter orange must be worn when traveling on foot between an operating enclosed vehicle and exempt stand when the distance is more than a direct distance of twenty feet. A small logo and/or printing is permitted on the front of hunter orange caps; otherwise, hunter orange must be of solid color and visible from any angle. Only hunter orange, commonly called blaze orange, ten mile cloth, etc., is legal. The various shades of red as well as camo orange are not legal.
(2) "Open Permit-Public Land" is defined as governmentally owned land open for public hunting and/or lands made available to the public on an individual basis whether for a fee or not. Examples of such lands would be national forest lands, lands owned by lumber companies and utility companies available for use by hunters either through free permits, fee permits or no permit requirement.
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(1) The seasons and methods for taking feral swine will be as provided in Rule 220-2-.01.
(2) Upon taking or capturing or having in possession any feral swine it shall be unlawful to release said feral swine alive or to transport said live feral swine. All feral swine taken by trap or dogs or otherwise must be killed on site. Furthermore, it shall be unlawful to release any live domestic swine into the wild.
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(1) It shall be unlawful to take, capture, kill, or attempt to take, capture or kill; possess, sell, trade for anything of monetary value, or offer to sell or trade for anything of monetary value; or propagate the following nongame wildlife species, or any parts or reproductive products of such species, or any hybrids of such species without a scientific collection permit or written permit from the Commissioner, Department of Conservation and Natural Resources, which shall specifically state what the permittee may do with regard to said species:
(a) Fishes
| Common Name | Scientific Name | | --- | --- | | * Cavefish, Alabama | Speoplatyrhinus poulsoni | | * Cavefish, Southern | Typhlichthys subterraneus | | * Chub, Shoal | Macrhybopis hyostoma | | * Chub, Spotfin | Erimonax monacus | | * Darter, Bankhead | Percina sipsi | | * Darter, Blotchside | Persina burtoni | | * Darter, Bluebreast | Etheostoma camurum | | * Darter, Boulder | Etheostoma wapiti | | * Darter, Brighteye | Etheostoma lynceum | | * Darter, Coldwater | Etheostoma ditrema | | * Darter, Crystal | Crystallaria asprella | | * Darter, Goldline | Percina aurolineata | | * Darter, Halloween | Percina crypta | | * Darter, Holiday | Etheostoma brevirostrum | | * Darter, Lipstick | Etheostoma chuckwachatte | | * Darter, Lollipop | Etheostoma neopterum | | * Darter, Rush | Etheostoma phytophilum | | * Darter, Scaly Sand | Ammocrypta vivax | | * Darter, Slackwater | Etheostoma boschungi | | * Darter, Slenderhead | Percina phoxocephala | | * Darter, Snail | Percina tanasi | | * Darter, Trispot | Etheostoma trisella | | * Darter, Tuscumbia | Etheostoma tuscumbia | | * Darter, Vermilion | Etheostoma chermocki | | * Darter, Watercress | Etheostoma nuchale | | * Logperch, Blotchside | Percina burtoni | | * Madtom, Frecklebelly | Noturus munitus | | * Madtom, Mountain | Noturus eleutherus | | * Minnow, Suckermouth | Phenacobius mirabilis | | * Sculpin, Pygmy | Cottus paulus | | * Shad, Alabama | Alosa alabamae | | * Shiner, Blackmouth | Notropis melanostomus | | * Shiner, Blue | Cyprinella caerulea | | * Shiner, Bluestripe | Cyprinella callitaenia | | * Shiner, Broadstripe | Pteronotropis euryzonus | | * Shiner, Cahaba | Notropis cahabae | | * Shiner, Dusky | Notropis cummingsae | | * Shiner, Ironcolor | Notropis chalybaeus | | * Shiner, Palezone | Notropis albizonatus | | * Sunfish, Spring Pygmy | Elassoma alabamae | | * Sturgeon, Alabama | Scaphirynchus suttkusi | | * Sturgeon, Gulf | Acipenser oxyrhynchus desotoi | | * Sturgeon, Lake | Acipenser fulvescens |
(b) Amphibians
| Common Name | Scientific Name | | --- | --- | | * Amphiuma, One-toed | Amphiuma pholeter | | * Frog, Crawfish | Lithobates areolatus | | * Frog, Gopher | Lithobates capito | | * Frog, Little Grass | Pseudacris ocularis | | * Frog, Mississippi Gopher | Lithobates sevosa | | * Frog, River | Lithobates heckscheri | | * Frog, Wood | Lithobates sylvaticus | | * Hellbender, Eastern | Cryptobranchus sp | | * Mudpuppy | Necturus maculosus | | * Salamander, Reticulated Flatwoods | Ambystoma bishopi | | * Salamander, Eastern Tiger | Ambystoma tigrinum | | * Salamander, Green | Aneides aeneus | | * Salamander, Red Hills | Phaeognathus hubrichti | | * Salamander, Seal | Desmognathus monticola | | * Salamander, Seepage | Desmognathus aeneus | | * Salamander, Small-mouthed | Ambystoma texanum | | * Salamander, Southern Dusky | Desmognathus auriculatus | | * Salamander, Southern Red-backed | Plethodon serratus | | * Salamander, Tennessee Cave | Gyrinophilus palleucus | | * Siren, Reticulated | Siren reticulata | | * Treefrog, Pine Barrens | Hyla andersonii | | * Waterdog, Black Warrior | Necturus alabamensis |
(c) Reptiles
| Common Name | Scientific Name | | --- | --- | | * Lizard. Eastern Slender Glass | Ophisaurus attenuates longicaudus | | * Lizard, Mimic Glass | Ophisaurus mimicus | | * Skink, Coal | Plestiodon anthracinus | | * Skink, Southeastern Five-lined | Plestiodon inexpectatus | | * Snake, Pine | Pituophis melanoleucus ssp. | | * Snake, Eastern Indigo | Drymarchon couperi | | * Snake, Eastern Coral | Micrurus fulvius | | * Snake, Gulf Salt Marsh | Nerodia clarkii | | * Snake, All Native King | Lampropeltis spp. | | * Snake, Rainbow | Farancia erytrogramma | | * Snake, Southern Hognose | Heterodon simus | | * Terrapin, Diamondback | Malaclemys spp. | | * Tortoise, Gopher | Gopherus polyphemus | | * Turtle, Alabama Red-bellied | Pseudemys alabamensis | | * Turtle, All Map | Graptemys spp. | | * Turtle, Flattened Musk | Sternotherus depressus | | * Turtle, Alligator Snapping | Macrochelys temminikii | | * Turtle, Razor-backed Musk | Sternotherus carinatus |
Informational Note: See Section 9-11-269, Code of Ala. 1975, relating to protection of the flattened musk turtle ( Sternotherus depressus ).
(d) Birds
All nongame birds are protected under the provisions of this regulation except crows, and non-native species including starlings, house sparrows, Eurasian collared doves, rock pigeons.
(e) Mammals
| Common Name | Scientific Name | | --- | --- | | * Bat, Brazilian Free-tailed | Tadarida brasiliensis | | * Bat, Eastern Small-footed | Myotis leibii | | * Bat, Gray | Myotis grisescens | | * Bat, Indiana | Myotis sodalis | | * Bat, Little Brown | Myotis lucifugus | | * Bat, Northern Long-eared | Myotis septentrionalis | | * Bat, Northern Yellow | Lasiurus intermedius | | * Bat, Rafinesque's Big-eared | Corynorhinus rafinesquii | | * Bat, Southeastern | Myotis austroriparius | | * Bat, Tricolored | Perimyotis subflavus | | * Gopher, Southeastern Pocket | Geomys pinetis | | * Manatee, West Indian | Trichechus manatus | | * Mouse, Alabama Beach | Peromyscus polionotus | | ammobates | | | * Mouse, Meadow Jumping | Zapus hudsonius | | * Mouse, Perdido Key Beach | Peromyscus | | polionotustrissylepsis | | | * Shrew, Pygmy | Sorex hoyi | | * Shrew, Smoky | Sorex fumeus | | * Cottontail, Appalachian | Sylvilagus obscurus | | * Rabbit, Marsh | Sylvilagus palustris | | * Skunk, Spotted | Spilogale putorius | | * Weasel, Long-tailed | Neogale frenata | | * Woodrat, Allegheny | Neotoma magister |
(f) Other State or Federally protected nongame species.
(2) It shall be unlawful for any person to take, capture, kill or possess any bullfrog (Lithobates catesbeianus) or pig frog (Lithobates grylio) from the public waters of this state for commercial purposes. Furthermore it shall be unlawful for any person to take, capture, kill or possess more than twenty (20) bullfrogs and pig frogs in aggregate from the public waters of this state during any twenty-four (24) hour period from 12 noon to the following 12 noon.
(3) It shall be unlawful for any person to sell, offer for sale, or trade anything of value for any Eastern Diamondback Rattlesnake ( Crotalus adamanteus ), hybrid, or any parts, or possess alive any Eastern Diamondback Rattlesnake or hybrid without a permit from the Commissioner. Nothing herein is intended to prevent the relocation of live Eastern Diamondback Rattlesnakes ( Crotalus adamanteus ) to suitable native habitat within the county of capture when conducted in the same day as capture and with landowner permission.
(4) It shall be unlawful to possess more than one (1) box turtle or to offer for sale, sell, or trade for anything of value any box turtle ( Terrapene spp .), box turtle part, or reproductive product except by permit as outlined in paragraph (1).
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(1) FEEDING OR ENTICEMENT OF ALLIGATORS UNLAWFUL:
(a) No person shall intentionally feed or entice with feed any wild American alligator (Alligator mississippiensis); however, this does not apply to those covered by §§ 9-11-320 through 9-11-328 of the Code of Ala. 1975, (Possession of Wildlife for Public Exhibition Purposes) or those people authorized by special permit issued by the Department of Conservation and Natural Resources.
(2) GENERAL PROVISIONS FOR TAKING, ATTEMPTING TO TAKE, POSSESSION AND SALE OF ALLIGATORS:
(a) No person shall buy, sell, take or possess any alligator or any part thereof, or the nests or eggs of any alligator except under permit from the Director of the Game and Fish Division or as otherwise provided by other laws or rules and regulations.
(b) Nothing in this regulation, however, shall prohibit the possession of lawfully acquired cured and mounted trophies and articles manufactured from the skins or hides or other parts of alligators, provided the cured and mounted trophies are labeled to show number of the state tag originally attached to the hide of the alligator.
(c) Any alligator, crocodile, caiman or similar reptile, or any part thereof, seized or otherwise legally acquired by the Game and Fish Division may be sold. Proceeds from such sale will be deposited in the Game and Fish Fund.
(d) Alligators, or any parts thereof, lawfully obtained outside the state may be imported only under permit from the Director of the Game and Fish Division, except as provided for in paragraph (2)(b) above. Transportation and transfer of all alligators must also be in accordance with the rules of the state of origin.
(e) No person shall use, be in possession of or attend any hook, peg or other such device baited in such manner as to be capable of taking alligators and suspended so that the bait is above water or submerged in a manner to take or attempt to take alligators unless such person is authorized by the Director.
(3) OPERATING PROCEDURES FOR NUISANCE ALLIGATORS:
(a) Complainants reporting nuisance alligators shall be questioned sufficiently to ascertain the circumstances surrounding the problem and to determine whether the problem can be resolved through information/education.
(b) If necessary, Game and Fish Division personnel shall visit the nuisance location to determine if an alligator is present. Preparation of an "Alligator Complaint and Tagging Report" must be initiated at this point.
(c) Division personnel proceed through the Nuisance Alligator Problem Assessment (NAPA) printed below:
Nuisance Alligator Problem Assessment (NAPA) - This outline is a guideline for assessing nuisance alligator complaints. Since each nuisance situation is different, Division personnel may deviate from it based on the individual factors involved. It is intended only as a starting point for decision making.
Alligator has attacked people........LETHAL, REMOVE (See Note 1)
Alligator has not attacked people.......... See 2
Alligator is in more or less natural habitat (ditches, ponds, marsh, etc.)........................... See 3
Alligator is in unnatural habitat (backyard, work site, urban area)........................................ See 5
Alligator/human contact is minimal............... PROVIDE INFORMATION TO ALLEVIATE FEARS (See Note
Alligator/human contact is frequent......... See 4
Natural movement of alligators to and from area can occur. RECOMMEND COMPLAINANT TO CONSTRUCT BARRIERS AND/OR LIMIT HUMAN ACTIVITY (See Notes 2 and 3)
Habitat is isolated or immigration is unlikely .......................................................... See 5
Alligator can be caught safely and effectively. ...................................... LIVE CAPTURE (See Note
NOTE 1. Nuisance Control Hunter (NCH) may be called in for lethal removal or live capture.
NOTE 2. If complainants are likely to destroy alligators if the Division does not conduct removal, an attempt should be made to remove alligators through use of the NCH.
NOTE 3. If one or more specific alligators are a repeated nuisance in this situation, removal of these alligators should be planned.
(d) When live capture or lethal removal is necessary, Division personnel involved must judge the immediacy of the situation and proceed accordingly. Where removal is needed, the Nuisance Control Hunter (NCH) for the area should be contacted to perform removal services. The NCH or alternate should be used for removal whenever possible to simplify, expedite and reduce nuisance handling by Division personnel.
(e) When an NCH is contacted to perform lethal removal, Division personnel involved will:
(1) only issue sufficient tags to the NCH for the number of alligators involved (tags will be affixed to dead alligators only);
(2) record issuance on form;
(3) remind the NCH that all alligators taken must be verified with the Division staff member handling the complaint; and
(4) remind NCH to return any tags not used to that staff member.
(f) All alligators or their hides taken by an NCH must be verified as soon as practical after taking occurs. The NCH must notify designated Division personnel and, if requested, is responsible for delivering the alligator(s) to a convenient location for verification. The NCH will complete a Hunter Report Form including sex and length of animal, skinning method, and use of hide and will submit such form to Montgomery Game and Fish Division office within 72 hours of taking an alligator. Following action on a complaint or verification of hide as appropriate, Division personnel handling the complaint will complete an Alligator Complaint and Tagging Report and submit to Montgomery office within 72 hours.
(g) When Division personnel handle (kill, receive, or encounter) dead alligators with a salvageable hide, the NCH or alternate for the area or adjacent area shall be contacted to process the alligator after it has been tagged. The NCH is obligated under contract to accept these alligators. The Hunter Report Form shall be marked with the name of the NCH involved (in the hunter blank) and completed as in paragraph (g).
(4) TAKING AND DISPOSAL OF NUISANCE ALLIGATORS STATEWIDE:
(a) Designated Nuisance Control Hunters (NCH) shall be authorized to take, possess and kill only those alligators specifically designated by permit issued by an authorized representative of the Division. A designated NCH of the Division shall take, kill, or possess alligators only in the manner specified by this section.
(b) Qualification and liability of NCH:
The NCH shall reside in the region where the NCH is authorized to take, possess or kill alligators; however, may be approved to work in other regions should assistance be needed.
The NCH shall possess the experience and ability to handle wild alligators.
The NCH shall be capable of supplying all equipment necessary to take alligators.
The NCH shall have sufficient time to adequately and efficiently take designated alligators.
The NCH shall not have been convicted of violating any law or rule concerning crocodilians within five years of the date of application.
The NCH shall assume all personal liability for his/her health, welfare and safety while acting as an NCH.
The NCH shall relieve the State of all responsibility and liability.
Those persons engaged in alligator exhibits or otherwise dealing with crocodilians shall not be eligible for appointment as an NCH.
(c) Selection and review:
Applicants and qualifications for appointment shall be reviewed by a staff committee appointed by the Director. The committee shall include at least one Conservation Officer from the area for which the NCH is being appointed. The committee shall consider each applicant's qualification and personal background. An interview with the committee or division personnel may be required. The names of those applicants nominated by the committee shall be submitted to the Director for final consideration and appointment. The number of appointments shall be based on need.
Selected NCH shall enter into a contract to take and possess nuisance alligators in accordance with this rule.
(d) Conditions governing operations of authorized NCH:
The NCH will be issued a permit assigning in writing a specific nuisance alligator complaint by Division personnel.
Alligators may be destroyed under the direction of designated Division personnel. Any alligator that is judged to be a threat may be destroyed. Alligators in public waters must be hooked prior to being destroyed, or taken by use of a bang stick and/or harpoon, or other method specifically authorized by the Director or his designee.
A nuisance alligator tag furnished by the Department shall be immediately attached to the hide of any alligator killed by the NCH. No person shall possess any untagged alligator hide. All export tags must be accounted for and unused tags must be returned to Division personnel within 72 hours of the time that NCH and Division personnel determine an alligator should not or could not be destroyed.
Alligators shall be skinned only at specific approved sites and in accordance with specific written skinning instructions provided by the Division. The tagged hides of the alligators taken may be held by NCH at an approved specific site for purposes of curing, tanning and/or sale.
The meat of the alligators taken may be consumed by the NCH or his immediate family but shall not be sold or transferred except as provided in this rule.
Each NCH may be assisted by not more than five assistants approved by the Director, provided that no such assistant shall operate or conduct any trapping activity except in the presence of the NCH.
Property rights to nuisance alligator tags issued to the NCH shall be vested in the Division and shall remain the property of the Division. No person, except authorized NCH or Division personnel, shall possess any unused nuisance alligator tag at any time.
Assignments of alligators to be taken and the issuance of nuisance alligator tags to an NCH shall be discontinued upon receipt of verified information and belief by the Director that the NCH:
(i) Attempted to generate alligator complaints.
(ii) Took alligators in excess of authorization.
(iii) Failed to promptly respond (without valid reason) to an assigned complaint.
(iv) Has been convicted of a violation of any regulation concerned with wildlife or fish.
(v) Has violated any portion of this rule.
(vi) Has acted incompetently in carrying out the responsibilities of his assignments. Substantiated evidence of wrong-doing will immediately result in the contract being automatically terminated.
(vii) Has not acted in the best interest of the Department or program.
(e) Storage and sale of alligator hides taken:
The NCH may store at an approved specific site legally taken and tagged hides until sale is completed. This site and corresponding records shall be available for inspection by Division personnel at any reasonable hour.
Sale of hides may be completed only by the legally permitted NCH.
NCH will submit an Alligator Transactions Report to the Game and Fish Division at the end of the calendar year documenting sales of alligator hides, meat and parts during the year and will include for each transaction the alligator tag number, date of sale, amount and person to whom sold.
(f) Storage and sale of alligator parts (other than meat) taken:
The NCH may store at a specifically designated site, legally taken parts until sale is completed. This site and corresponding records shall be available for inspection by Division personnel at any reasonable hour.
Sale of parts may be completed only to legally licensed parts dealers; or direct to individuals, if not for resale; provided that:
(i) Alligator parts are packaged by the NCH in cartons approved by the Director.
(ii) Each carton is sealed as approved by the Director and labeled to indicate the administrative region, the number and kinds enclosed, the date packaged, the name of the NCH and the hide tag number corresponding to the alligator from which the part(s) is taken.
(iii) Each carton shall be used to package parts one time only.
(iv) Written records of all alligator parts sales shall be maintained and such records shall be open to inspection by Division personnel. The records of each carton of parts shall contain the data specified in this paragraph (f).
(v) Cartons containing lawfully acquired alligator parts packaged and labeled in accordance with this section may be shipped in intrastate or interstate commerce.
Upon sale of a part or parts, a record must be made and maintained by the NCH. The records will include kind and quantity of parts sold, and the name and address of each buyer. Buyers of parts must obtain and keep a receipt for any part purchased. The NCH records must include kind and quantity of parts sold with reference to the number of the State tag originally attached to the hide of the animal producing the parts in question, and the name and address of each buyer.
Any alligator skull sold shall be permanently and visibly labeled with the name of the NCH and the identifying alligator tag number of the alligator from which the skull was taken.
(g) Storage and sale of alligator meat taken:
Alligator meat shall be classified as fish meat and all alligator meat for human consumption shall be handled so as to meet appropriate sanitation requirements of federal, state or local authorities.
No person shall possess or sell alligator meat except as authorized by this section. Only legally licensed parts dealers, restaurants and alligator NCH's may sell alligator meat lawfully acquired by an alligator NCH provided that:
(i) Alligator meat is packaged by the NCH in cartons approved by the Director.
(ii) Each carton is sealed as approved by the Director and labeled to indicate the administrative region, the number of pounds of meat enclosed, the date packaged, the name of the NCH and the hide tag number corresponding to the alligator from which the meat was taken.
(iii) No more than five (5) pounds of meat shall be packaged per carton and each carton shall be used to package meat one time only.
(iv) Written records of all alligator meat sales shall be maintained and such records shall be open to inspection by Division personnel. The records of each carton of meat shall contain the data specified in this paragraph (g).
(i) All alligator meat purchased shall remain in the original carton until the meat is removed for cooking or curing in a manner allowing it to be consumed by humans without further preparation.
(ii) Cartons containing lawfully acquired alligator meat packaged and labeled in accordance with this paragraph (g) may be shipped in intrastate or interstate commerce.
(5) WORD "ALLIGATOR" OR "GATOR" NOT TO BE USED IN CERTAIN SALES:
(a) It is unlawful for any person to use the word "alligator" or "gator" in connection with the sale of any product derived or made from the skins or parts of other crocodilia or in connection with the sale of other crocodilia.
History
(1) GENERAL PROVISIONS FOR TAKING, POSSESSION AND SALE OF CERTAIN REPTILES:
(a) No person shall buy, sell, take or possess any alligator, crocodile, or any part thereof, or the nests or eggs of any alligator or crocodile except under permit from the Department or as otherwise provided by law or by these regulations.
(b) Nothing in this rule, however, shall prohibit the possession of lawfully acquired cured and mounted trophies and articles manufactured from the skins or hides or other parts of alligators and crocodiles.
(c) Any alligator, crocodile, or similar reptile, or any part thereof, seized or otherwise acquired by the Department may be sold.
(d) Alligators, or any parts thereof, lawfully obtained outside the state may be imported only under permit from the director or as otherwise provided by law.
(e) The records of individuals or concerns selling any species of crocodilian will be subject to inspection and such individuals or concerns shall have in their possession invoices or other documentary evidence of the suppliers of such crocodilians. The advertisement or representation of caimans as alligators or crocodiles is prohibited.
(f) No person shall use, be in possession of or attend any hook, peg or other such device baited in such a manner as to be capable of taking alligators and suspended so that the bait is above water or submerged in a manner to take or attempt to take alligators unless such person is authorized by the Director.
(2) REGULATIONS GOVERNING THE OPERATION OF ALLIGATOR FARMS:
Alligator farms may be established and operated and alligators, eggs, and hides may be possessed only under license by the Department subject to the following restrictions and conditions:
(a) General Provisions:
The premises of alligator farms shall be subject to inspection by Department personnel at any time.
Complete written records of all changes in alligator stock shall be kept and made available for examination by Department personnel. Shipping tickets, invoices or bills of lading shall be maintained to show source of supply and disposition of alligator stock.
No licensee or his or her employee shall receive or transfer any alligator, eggs or hides except as provided by Act No. 89-874, 1989 Regular Session.
The licensee shall disclose ownership of alligators and provide documentation of inventory of initial and subsequent numbers of all alligator eggs and alligators, including breeding females and offspring. Documentation shall be sufficient to demonstrate the inventory is commensurate with production and survival levels for captive populations as measured against professionally accepted biological standards.
Permits to establish and operate alligator farms are not transferable.
The licensee shall provide security of facility premises necessary to ensure that no alligators, eggs, or parts thereof can be moved in or out of the alligator farm without the licensee's knowledge.
An Alligator Farm Annual Report shall be completed and submitted to the Department's Game and Fish Division, Law Enforcement Section prior to annual re-1icensing.
Alligator farm permittees shall be licensed at an annual fee of $1,000.00 as required by Act No. 89-874, 1989 Regular Session.
The Department shall not issue an alligator farm permit to any person who has been convicted of any violation of Act No. 89-874 or the rules of the Department relating to the illegal taking of any crocodilian species, except as provided in Act No. 89-874.
(b) Specifications for alligator farms:
Pens or holding facilities shall be constructed in a manner to prevent the escape of any alligator contained in such pen or facility or entrance by any alligator from outside such pen or facility.
The permittee shall provide rearing tanks (of concrete, fiberglass, plastic or metal construction) for alligators less than four (4) feet in length. Alligators less than two (2) feet in length shall be housed separately from those two (2) to four (4) feet in length. Onsite propagation facilities will also provide ponds, nest sites and spacing for breeding adults and artificial incubators.
The licensee shall make all alligator eggs produced on the farm available for inspection by August 1 of each nesting year. All alligator eggs shall be in containers having not more than one layer of eggs at one incubation facility on each alligator farm. Only viable alligator eggs will be credited to the egg inventory.
Alligator farm licensees shall furnish alligators housing of sufficient size and design such that alligators shall be kept in a humane and sanitary manner.
(c) Facility Standards:
General. The most important factor in establishing an alligator farm is the acquisition of enough suitable land and habitat to support a population of adult alligators in outside breeding ponds and adequate area for the construction of holding houses for young alligators up to three years of age. There must be a reliable source of fresh water and equipment for pumping and changing water.
Breeding ponds shall be fenced around the perimeters with woven wire or board fences of sufficient height (minimum, 4 feet) and tightness, constructed so as to prevent the escape or entrance of any size alligator. Fences shall be buried or otherwise secured at the bottom so as to prevent entrance or escape. Breeding ponds must have at least one area of a minimum depth of 1.8 meters (approximately 6 feet at its deepest point) and suitable nesting sites.
Holding houses containing an adequate number of artificial tanks will be provided for growing out small alligators six feet or less in length. A sufficient number of tanks will be provided to allow for segregation by age/size classes, and each tank will be permanently numbered to facilitate accurate record keeping. There shall be sufficient space in each tank for all the alligators to completely submerge under water at one time and enough "dry" area in which to run around for basking purposes. A properly constructed tank will consist of 2/3 water for 1/3 "dry" area. The overall size of tank will depend upon the number of alligators held, but as a general standard each alligator shall have enough space to submerge without having contact with another alligator.
Holding tanks will be designed to permit periodic cleaning of waste and a complete change of water at regular intervals (at least every other day).
A controlled environmental chamber complete with an artificial nesting area (incubator) will be provided for hatching of eggs. The chamber will also contain a sufficient number of holding tanks to accommodate anticipated hatchlings and to provide a suitable environment for new-born alligators.
(d) Harvest of Alligators:
(i) No farmer shall skin any alligator unless such alligator shall have been approved for skinning in writing by the Director of the Game and Fish Division or his authorized agent. Records must be provided to verify that each alligator to be harvested was hatched and captive-reared on the farm or otherwise obtained from a legal source.
(ii) Any alligator killed under authority of this section shall be tagged immediately with a tag furnished by the Department. Such tag shall remain attached to the alligator hide until finally processed by the fabricator. It shall be unlawful for any farmer or processor to possess untagged alligator hides.
(iii) Property rights to identifying tags issued to the farmer shall be vested in the Department, and tags shall remain the property of the State. Unused tags shall be returned to the Department within 15 days of completion of the harvest. Possession of any identifying alligator tags by persons other than licensed farmers shall be unlawful.
(iv) Alligators shall be skinned only at a specific site approved by the Director of the Game and Fish Division and shall be skinned only in accordance with special skinning instructions issued by the Department. Only those hides which have been skinned in accordance with these instructions shall be approved for sale. Hides so taken may be held at the specified skinning site until the date of the sale.
(v) The meat of any alligator legally harvested may be consumed by the farmer or his immediate family but shall not be sold or transferred except as provided in this rule below.
(e) Sale of Live Alligators:
Alligator farmers licensed under the provisions of Act No. 89-874, 1989 Regular Session, may sell, barter, exchange, give or loan any live alligators of at least four feet in length covered by his license provided a permit is first obtained from the Department. If sold, bartered, or exchanged in interstate commerce or foreign trade, legal requirements of the state or country involved in the transaction must also be satisfied.
The request for such permits must contain the name and address of the proposed buyer, a reference to the buyer's license number or other authority for possession, and shall further describe the alligator(s) by length, belly size, and sex, if known.
(f) Sale of Alligator Meat:
(i) Any alligator meat sold to the above type business shall be packaged in cardboard cartons, and each carton shall be sealed with a label as specified by the Department that indicates that it contains alligator meat, the number of pounds of meat enclosed, the names of the seller and buyer, the tag number corresponding to the alligator hide from which the meat was taken, and the date of sale. No more than five pounds of meat shall be included per carton and cartons shall be used only one time.
(ii) Failure to properly mark cartons of alligator meat or possession of alligator meat in cartons improperly marked shall be considered a violation.
(iii) Alligator farmers shall maintain written records of all alligator meat sales on standard forms supplied by the Department. These records shall be open to inspection by Department personnel and shall include for each carton of meat sold the data indicated on the carton label as specified in subparagraph (f)1.(i) of this rule.
(iv) All alligator meat purchased by the type business listed hereinabove shall be retained in original carton until the meat is prepared for consumption or processing.
(v) All cartons containing alligator meat labeled in accordance with these regulations shall be shipped only within the State of Alabama or to those states or countries allowing the sale of alligator meat.
(vi) Alligator farmers handling alligator meat for human consumption shall comply with the sanitation requirements of federal, state, or local authorities.
(g) Sale of Alligator Hides and Other Products:
(i) Alligator farmers may sell the hides, feet, viscera or skeletal parts of alligators when all such sales, with the exception of retail sales to the consumer, are documented to show the kind and quantity of items sold and the name and address of each buyer (and, in addition, the alligator parts dealer license number if sold for resale). Any packaged alligator parts must be sealed with a Department approved label that indicates the hide tag number(s) of the alligator(s) from which the parts came, the names and addresses of the buyer and seller, the date of the sale, and the number and kind of parts included.
(ii) Any alligator skull sold shall be permanently visibly labeled with the identifying alligator tag number of the alligator from which the skull was taken and the name of the alligator farmer selling the skull.
(iii) Products made from alligator skins or other alligator parts and documentary evidence of their acquisition shall be available for inspection upon requests of Department personnel.
(iv) No person shall sell any hide or other product manufactured from a crocodilian species which has been declared to be endangered or threatened by the United States Fish and Wildlife Service.
Author: James D. Martin
History
Except to the extent otherwise provided by Act No. 89-874, H. 17, 1989 Regular Session, Rule 220-2-.95, Rule 220-2-.96, or any other law or regulation enacted or adopted by the Alabama Legislature or Department of Conservation and Natural Resources, it shall be unlawful to possess, take, capture, or kill, or attempt to possess, take, capture, or kill any alligator, or the skins, meat, eggs, or parts thereof.
Author: James D. Martin
History
(1) It shall be unlawful to take, capture, kill, or attempt to take, capture or kill; possess, sell, trade for anything of monetary value, or offer to sell or trade for anything of monetary value the following invertebrate species (or any parts or reproductive products of such species) without a scientific collection permit or written permit from the Commissioner, Department of Conservation and Natural Resources, which shall specifically state what the permittee may do with regard to said species:
(a)
| Common Name | Scientific Name | | --- | --- | | * Alabama cave crayfish | Cambarus jonesi | | * Alabama cave shrimp | Palaemonias alabamae | | * Alabama creekmussel | Strophitus connasaugaensis | | * Alabama creekshell | Anodontoides radiatus | | * Alabama hickorynut | Obovaria unicolor | | * Alabama lampmussel | Lampsilis virescens | | * Alabama moccasinshell | Medionidus acutissimus | | * Alabama pearlshell | Margaritifera marrianae | | * Alabama rainbow | Villosa nebulosa | | * Alabama spike | Elliptio area | | * American burying beetle | Nicrophorus americanus | | * Ample elimia | Elimia ampla | | * Angled marstonia | Marstonia angulobasis | | * Angular dwarf crayfish | Cambarellus lesliei | | * Anthony's riversnail | Athearnia anthonyi | | * Armored marstonia | Marstonia pachyta | | * Armored rocksnail | Lithasia armigera | | * Auger elimia | Elimia teretria | | * Black mudalia | Elimia melanoides | | * Black sandshell | Ligumia recta | | * Boxclaw crayfish | Cambarus distans | | * Brooch elimia | Elimia broccata | | * Burrowing bog crayfish | Creaserinus burrisi | | * Cahaba ancylid | Rhodacmea cahawbensis | | * Cahaba pebblesnail | Clappia cahabensis | | * Cajun dwarf crayfish | Cambarellus shufeldtii | | * Canoe creek clubshell | Pleurobema athearni | | * Capillaceous crayfish | Procambarus capillatus | | * Celestial crayfish | Procambarus holifieldi | | * Chattahoochee crayfish | Cambarus howardi | | * Chipola slabshell | Elliptio chipolaensis | | * Choctaw bean | Obovaria choctawensis | | * Cobble elimia | Elimia vanuxemiana | | * Cockle elimia | Elimia cochliaris | | * Cockscomb crayfish | Procambarus clemmeri | | * Coosa creekshell | Villosa umbrans | | * Coosa moccasinshell | Medionidus parvulus | | * Coosa pyrg | Marstonia hershleri | | * Coosa River spiny crayfish | Faxonius spinosus | | * Corpulent hornsnail | Pleurocera corpulenta | | * Cracking pearlymussel | Hemistena lata | | * Creeper | Strophitus undulatus | | * Crisscross crayfish | Procambarus marthae | | * Cumberland combshell | Epioblasma brevidens | | * Cumberland moccasinshell | Medionidus conradicus | | * Cumberland monkeyface | Theliderma intermedia | | * Cylindrical lioplax | Lioplax cyclostomaformis | | * Delicate spike | Elliptio arctata | | * Depression crayfish | Cambarus rusticiformis | | * Downy rainbow | Villosa villosa | | * Duck river dartersnapper | Epioblasma ahlstedti | | * Elktoe | Alasmidonta marginata | | * Engraved elimia | Elimia perstriata | | * Escambia crayfish | Procambarus escambiensis | | * Etowah heelsplitter | Lasmigona etowaensis | | * Fanshell | Cyprogenia stegaria | | * Finelined pocketbook | Hamiota altilis | | * Finerayed pigtoe | Fusconaia cuneolus | | * Fire elimia | Elimia exusta | | * Fireback crayfish | Cambarus pyronotus | | * Flat pebblesnail | Lepyrium showalteri | | * Flatnose crayfish | Procambarus planirostris | | * Flaxen elimia | Elimia boykiniana | | * Flint river crayfish | Faxonius cooperi | | * Florida floater | Utterbackia peggyae | | * Fuzzy pigtoe | Pleurobema stroadianum | | * Georgia pigtoe | Pleurobema hanleyianum | | * Greensaddle crayfish | Cambarus manningi | | * Gulf moccasinshell | Medionidus penicillatus | | * Heavy pigtoe | Pleurobema taitiana | | * Inflated heelsplitter | Potamilus inflatus | | * Inflated spike | Elliptio purpurella | | * Jacknife crayfish | Procambarus hubbelli | | * Kidneyshell | Ptychobranchus fasciolaris | | * Lacon exit cave crayfish | Cambarus laconensis | | * Lacy elimia | Elimia crenatella | | * Lagniappe crayfish | Procambarus lagniappe | | * Latticed elimia | Elimia mihalcikae | | * Lavender burrowing crayfish | Creaserinus byersi | | * Least crayfish | Cambarellus diminutus | | * Lilyshoals elimia | Elimia annettae | | * Linear cobalt crayfish | Cambarus gentryi | | * Longnose crayfish | Cambarus longirostris | | * Longsolid | Fusconaia subrotunda | | * Manitou cavesnail | Antrorbis breweri | | * Mississippi pigtoe | Pleurobema beadleianum | | * Mobile crayfish | Procambarus lecontei | | * Monkeyface | Theliderma metanevra | | * Moss pyrg | Marstonia scalariformis | | * Mountain fork crayfish | Cambarus diupalma | | * Mountain midget crayfish | Cambarus parvoculus | | * Mucket | Actinonaias ligamentina | | * Muddy rocksnail | Lithasia salebrosa | | * Narrow pigtoe | Fusconaia escambia | | * Oblong rocksnail | Leptoxis compacta | | * Ohio pigtoe | Pleurobema cordatum | | * Okaloosa crayfish | Procambarus okaloosae | | * Orangenacre pocketbook | Hamiota perovalis | | * Oval pigtoe | Pleurobema pyriforme | | * Ovate clubshell | Pleurobema perovatum | | * Oyster mussel | Epioblasma capsaeformis | | * Painted creekshell | Villosa taeniata | | * Painted rocksnail | Leptoxis coosaensis | | * Pale Lilliput | Toxolasma cylindrellus | | * Panhandle crayfish | Procambarus evermani | | * Peninsula crayfish | Procambarus paeninsulanus | | * Phantom cave crayfish | Cambarus pecki | | * Pheasantshell | Actinonaias pectorosa | | * Pink mucket | Lampsilis abrupta | | * Plicate rocksnail | Leptoxis plicata | | * Prickly cave crayfish | Cambarus hamulatus | | * Princess elimia | Elimia bellacrenata | | * Prominence riverlet crayfish | Hobbseus prominens | | * Purple bankclimber | Elliptoideus sloatianus | | * Puzzle elimia | Elimia varians | | * Pyramid pigtoe | Pleurobema rubrum | | * Rabbitsfoot | Theliderma cylindrica | | * Rayed kidneyshell | Ptychobranchus foremanianus | | * Rough hornsnail | Pleurocera foremani | | * Rough pigtoe | Pleurobema plenum | | * Round ebonyshell | Reginaia rotulata | | * Round hickorynut | Obovaria subrotunda | | * Round pigtoe | Pleurobema sintoxia | | * Round-ribbed elimia | Elimia nassula | | * Round rocksnail | Leptoxis ampla | | * Rugged hornsnail | Pleurocera alveare | | * Saddle crayfish | Faxonius durelli | | * Salt Spring hydrob | Pseudotryonia grahamae | | * Sculpin snail | Stiobia nana | | * Sculptured pigtoe | Cyclonaias infucata | | * Sheepnose | Plethobasus cyphyus | | * Shelta cave crayfish | Orconectes sheltae | | * Shiny pigtoe | Fusconaia cor | | * Shinyrayed pocketbook | Hamiota subangulata | | * Shrimp crayfish | Faxonius lancifer | | * Skirted hornsnail | Pleurocera pyrenella | | * Slabside pearlymussel | Pleuronaia dolabelloides | | * Slackwater crayfish | Cambarus halli | | * Slender campeloma | Campeloma decampii | | * Slenderclaw crayfish | Cambarus cracens | | * Slippershell mussel | Alasmidonta viridis | | * Smoothnose crayfish | Procambarus hybus | | * Snuffbox | Epioblasma triquetra | | * Southeastern prairie crayfish | Procambarus hagenianus | | * hagenianus | | | * Southern clubshell | Pleurobema decisum | | * Southern combshell | Epioblasma penita | | * Southern elktoe | Alasmidonta triangulata | | * Southern hickorynut | Obovaria jacksoniana | | * Southern kidneyshell | Ptychobranchus jonesi | | * Southern pigtoe | Pleurobema georgianum | | * Southern purple lilliput | Toxolasma corvunculus | | * Southern sandshell | Hamiota australis | | * Southern White River crayfish | Procambarus zonangulus | | * Speckled burrowing crayfish | Creaserinus danielae | | * Speckled crayfish | Cambarus lentiginosus | | * Spectaclecase | Margaritifera monodonta | | * Spike | Eurynaia dilatata | | * Spindle elimia | Elimia capillaris | | * Spotted rocksnail | Leptoxis picta | | * Spur crayfish | Procambarus lewisi | | * Squat elimia | Elimia variata | | * Stately elimia | Elimia dickinsoni | | * Straightedge crayfish | Procambarus hayi | | * Striate hornsnail | Pleurocera striata | | * Sweet home Alabama cave crayfish | Cambarus speleocoopi | | * Tallapoosa crayfish | Cambarus englishi | | * Tapered pigtoe | Fusconaia burkei | | * Teardrop elimia | Elimia lachryma | | * Tennessee bean | Venustaconcha trabalis | | * Tennessee bottlebrush crayfish | Barbicambarus simmonsi | | * Tennessee clubshell | Pleurobema oviforme | | * Tennessee heelsplitter | Lasmigona holstonia | | * Tennessee pigtoe | Pleuronaia barnesiana | | * Triangular kidneyshell | Ptychobranchus greenii | | * Tulotoma | Tulotoma magnifica | | * Twisted dwarf crayfish | Cambarellus rotatus | | * Vernal crayfish | Procambarus viaeviridis | | * Warrior pigtoe | Pleurobema rubellum | | * Warty rocksnail | Lithasia lima | | * Watercress Snail | Fontigens nickliniana | | * White spring cave crayfish | Cambarus veitchorum | | * White wartyback | Plethobasus cicatricosus | | * Wicker ancylid | Rhodacmea elatior | | * Zebra crayfish | Cambarus clairitae |
(b) Other State or Federally protected invertebrate species. In addition any required federal permits for federally protected species must be obtained.
History
(Repealed).
Author: Richard C. Liles
History
(1) The following special 1992 Hunter's Choice Deer Season on the following specific area, in accordance with the below-stated times, places, manners, and means, is hereby established:
(a) Wheeler Wildlife Refuge, except Redstone, located in Limestone, Madison, and Morgan Counties, Alabama, is hereby opened to the hunting of deer, antlered and antlerless, except spotted fawns, sunrise to sunset from January 18 to January 31, 1992. The hunting will be restricted to black powder, flintlock firearms, .40 caliber or larger with open metallic sights (no scopes) and bow and arrow (no crossbow).
Author: James D. Martin
History
(1) Captive bred mallard ducks, properly marked in accordance with federal regulations, shall be legal fowl to be hunted on a licensed commercial fowl hunting preserve. Such hunting shall be conducted in accordance with all applicable laws, rules and regulations.
(2) Any private commercial shooting preserve that is licensed by the Department of Conservation and Natural Resources may, by obtaining a special letter permit from the Commissioner of Conservation and Natural Resources, hunt any species of exotic or non-native birds at any time of the year when such exotic or non-native birds have been stocked on said hunting preserves. Provided, however, that this regulation shall not apply to any bird or animal that appears on the U.S. Department of the Interior's and State of Alabama's "Endangered Species" list.
(3) Native game birds and animals other than species listed on hunting preserve licenses may be taken only on licensed hunting preserves during legal hunting seasons and when taken by properly licensed hunters abiding by any bag limits and other regulations that may be promulgated by the Department of Conservation and Natural Resources or established by law.
History
History
Unless specifically prohibited otherwise, the following waters shall be open to the otherwise legal taking of freshwater mussels for commercial purposes:
(1) Coosa River from Jordan Dam upstream to the Alabama-Georgia State line.
(2) Alabama River from the mouth to the confluence of Coosa and Tallapoosa Rivers with the exception of the Cahaba River.
(3) Tombigbee River from mouth to U.S. Interstate 59.
(4) Black Warrior River from mouth to U.S. Interstate 59.
(5) Tennessee River and its impoundments with the exception of restricted areas.
It shall be unlawful to take freshwater mussels for commercial purposes from any other waters of the State of Alabama.
Author: James D. Martin
History
(1) The following species shall be the only species of freshwater mussels permitted to be legally taken for commercial purposes in the State of Alabama:
Washboard (Megalonaias nervosa)
Threeridge (Amblema plicata)
Pistol Grip (Tritogonia verrucosa)
Elephant Ear (Elliptio crassidens)
Mapleleaf (Quadrula quadrula)
Ebony Shell (Fusconaia ebenus)
Pink Heel Splitter (Potamilus alatus)
Three Horn (Obliquaria reflexa)
Southern Mapleleaf (Quadrula apiculata)
Bankclimber (Plectomerus dombeyanus)
Bleufer (Potamilus purpuratus)
(2) It shall be unlawful to take any other species of freshwater mussel for commercial purposes in the State of Alabama.
History
It shall be unlawful to take or possess or attempt to take or possess more than two (2) alligator gar per person per day, for recreational or commercial purposes.
Author: James D. Martin
History
The season for legal mussel fishing is open year-round except during the prescribed waterfowl hunting season, Swan Creek, Crow Creek, Mud Creek, and Raccoon Creek Wildlife Management Areas shall be closed. The area of the Wheeler Wildlife Refuge between Interstate 65 and U.S. Highway 31 and the area of Limestone Bay shall be closed to mussel harvest during the period of October 15 through February 15 of each year. Mussel fishing in the fresh waters of this State shall be restricted to five (5) days each week (Monday through Friday) and shall be closed on all federal holidays.
Author: James D. Martin
History
(1) The following special hunting seasons on the following specific areas, in accordance with the below-stated times, places, manners, and means, are hereby established:
(a) Wheeler National Wildlife Refuge is hereby opened to the stalk gun hunting of deer, antlered and antlerless, except spotted fawns, by flintlock weapons only, January 7-21, 2013, in accordance with the refuge specific hung permit. The hunting will be restricted to two deer per day, only one of which may be an antlered buck. See paragraph (b) for additional restrictions.
(b) The statewide restrictions of one (1) antlered (defined as bare antlers visible above natural hairline) buck per day, and only three (3) antlered bucks during all combined hunting seasons, with one (1) of the three (3) antlered bucks required to have at least 4 antler points one inch (1") or longer on one antler, apply to the hunting seasons in this regulation.
(2) The following special fall turkey season (gobblers only) is hereby established at Fort Rucker at U.S. Army Aviation Center of Excellence designated hunting areas only. October 20-27, 2012. One a Day, Five during Combined Fall and Spring Seasons. No decoys permitted during fall turkey season.
(3) Previously adopted Rule 220-2-.107 is hereby repealed in its entirety.
History
Lakes Jordan, Mitchell, and Lay, are hereby closed to the taking or attempted taking of mussels or other shellfish, or the shells therefrom, as follows: Jordan shall be closed September 11 through September 27, 1995; Mitchell shall be closed September 15 through October 11, 1995; and Lay shall be closed October 9 through October 26, 1995.
Author:
History
(1) It shall be unlawful on any area designated by the Department of Conservation and Natural Resources as a "Physically Disabled Hunting Area":
(a) To violate any terms or conditions of his certificate of qualification, permit, or other authorization, for participation in any such hunts, including, but not limited to, the times, dates, locations, manners and means for hunting.
(b) To hunt, trap, use dogs, possess firearms, traps, or bow and arrow, without a valid permit. A permit is valid only during scheduled area seasons during legal hunting hours and only with the required hunting license(s) and stamps and only with weapons and ammunition permitted for hunting the wildlife listed on permit.
(c) To have in possession any fully automatic rifle or any firearms, ammunition or bow and arrow (including crossbows) except as allowed by law for the species hunted.
(d) For any person to hunt without having his/her required hunting licenses and authorization and checking in at the checking station, except Big Oak.
(e) For any person to carry firearms in or on vehicle with ammunition in the magazine, breech or clip attached to firearms, cocked crossbow, or black powder weapons with primer, cap or flash powder in place.
(f) Nothing in this regulation shall prohibit the possession of handguns by lawfully authorized persons for their personal protection, provided the handguns are not used to hunt or take or to attempt to take wildlife except as otherwise provided by this regulation.
(g) To camp in the area, except Big Oak where the designated campground must be used.
(h) To kill or willfully molest any species of wildlife except those designated for hunting. However, bobcat, or fox may be killed during all scheduled area hunts that occur during the dates of the gun deer and turkey seasons, and coyote or feral swine may be killed during all scheduled area hunts.
(i) To discharge fireworks at any time.
(j) To discharge firearms for target practice.
(k) To use fire to smoke out game.
(l) For any person to possess any firearm while hunting with bow and arrow.
(m) To transport deer killed from the area before recording pertinent data at the designated checking station, except Big Oak.
(n) For any person except those authorized to operate any motor driven vehicle behind, under or around any locked gate, barricaded road or sign which prohibits vehicular traffic.
(o) For any person to hunt deer or assist in said hunting, on days of scheduled hunts without wearing a vest containing a minimum of 144 square inches of hunter orange color or either a full size hunter orange hat or cap. The hunter orange must be of solid color, except for a small logo and/or printing on the front of the cap, and visible from any angle.
(p) For any person except authorized personnel to block or otherwise stop traffic on any road by parking a vehicle in such a way that passage around the vehicle is impossible.
(q) To damage or remove any trees, crops, or other plants, dirt, gravel or sod without legal authorization.
(r) To hunt from an elevated platform, except at Big Oak (where it is unlawful to hunt from an elevated stand or platform without attaching themselves to the tree or platform with a full body harness capable of supporting their weight).
(s) To hunt without first making a reservation for the particular hunt, except at Big Oak.
(t) To hunt more often at any area than is authorized. Failure to cancel a reservation at least 48 hours prior to the hunt date will be considered the same as if the individual hunted in determining when that person could reserve another hunt date, except at Big Oak.
(u) To hunt outside the area designated to the hunter for each hunt. At the time of check-in the hunter will receive, on a first come basis, a shooting house on a segment of the hunting area that will be his/her exclusive area for the day, except at Big Oak. Hunter must hunt from the shooting house, except at Big Oak.
(v) To check-in to any Physically Disabled Hunting Area prior to 5 am on the scheduled hunt days.
(w) To change stand locations after signing in for that stand. Once signed in for a stand, the hunter shall not change stands for the duration of that hunt.
(x) For any person to be on any Physically Disabled Hunting Area unless registered to hunt on that day.
(2) Individuals must follow the listed rules to participate in the scheduled deer hunts for the physically disabled.
(a) Each participant must submit, on a Department form, an application to participate in such hunts. The application will include a doctor's statement certifying the physical disability. The Department will review the application and notify each participant if they are approved for such hunts.
(b) Each participant must provide any assistants that are required. Only the physically disabled individual will be eligible to hunt.
(c) All license requirements and other rules, laws, and regulations, are in effect.
(d) Physical disability is defined as an individual that is permanently physically disabled by one or more of the following:
Has permanent physical disability, is unable to ambulate and requires a wheelchair, walker, one long leg brace or two short leg braces, external prosthesis below knee or above, two canes or two crutches for mobility.
Has at least 80% permanent impairment of one hand or arm as determined by a physician using the standards outlined in the "Guide to Evaluation of Permanent Impairment Rating," published by the American Medical Association.
Has a permanent physical disability for which they are considered "totally" disabled under guidelines established by the Veterans' Administration and/or the U.S. Social Security Administration.
(3) If convicted of violating any part of this regulation or any other regulation relating to Game, Fish, and Fur-Bearing Animals, the individual's Physically Disabled Permit may be revoked up to and including permanently.
(4) Cherokee Physically Disabled Hunting Area is available for muzzleloader season.
(5) The following Physically Disabled Hunting Areas are suitable for turkey hunting:
(a) Fayette,
(b) Skyline,
(c) Big Oak,
(d) USA Foundation,
(e) Chattahoochee,
(f) Shiloh Hill,
(g) Turnipsee-Ikenberry, and
(h) Dozer.
History
(1) The following areas are hereby designated and established as "Physically Disabled Hunting Areas":
(a) "Marengo Physically Disabled Hunting Area," as indicated on the attached revised map.
(b) "M. Barnett Lawley Field Trail Area," as indicated on the attached revised map.
(c) "R. L. Harris Physically Disabled Hunting Area," as indicated on the attached revised map.
(d) "Fayette Physically Disabled Hunting Area," as indicated on the attached revised map.
(e) "Upper State Physically Disabled Hunting Area," as indicated on the attached map.
(f) "Macon State Forest Physically Disabled Hunting Area," as indicated on the attached revised map.
(g) "Little River State Forest Physically Disabled Hunting Area," as indicated on the attached revised map.
(h) "Prairie Creek Physically Disabled Hunting Area," as indicated on the attached revised map.
(i) "Forever Wild Land Trust - Alabama Power Co. Physically Disabled Hunting Area," as indicated on the attached revised map.
(j) "University of South Alabama Foundation Physically Disabled Hunting Area," as indicated on the attached revised map.
(k) "Pine Hills Physically Disabled Hunting Area," as indicated on the attached revised map.
(l) "Big Oak Physically Disabled Hunting Area," as indicated on the attached revised map.
(m) "Dozier Physically Disabled Hunting Area," as indicated on the attached revised map.
(n) "Cherokee Physically Disabled Hunting Area," as indicated on the attached revised map.
(o) "Shiloh Hill Physically Disabled Hunting Area," as indicated on the attached revised map.
(p) "Coffee County (Victoria) Physically Disabled Hunting Area," as indicated on the attached map.
(q) "Lewis Smith Physically Disabled Hunting Area," as indicated on the attached map.
(r) "Jordan Physically Disabled Hunting Area," as indicated on the attached revised map.
(s) "Mud Creek (Wannville) Physically Disabled Waterfowl Hunting Blind," As indicated on the attached revised map.
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History
(a) Any person subject to the hunter safety education certificate requirements of Section 9-11-44.1, Code of Ala. 1975, shall be subject to the revocation or cancellation of any hunting licenses and/or hunter education certification upon determination that the holder thereof was not entitled to issuance or obtained said license or certification by any fraudulent means. Upon such determination, the department of conservation and natural resources may, in lieu of revocation, hold any such licenses until said person complies with all requirements for issuance.
(b) The procedures for the revocation or cancellation of same shall be as provided in Section 41-22-12, 41-22-19, and other applicable provisions of Sections 41-22-1 through 41-22-27, Code of Ala. 1975.
(c) Upon revocation or cancellation, the holder thereof shall surrender same to the Department of Conservation and Natural Resources.
(d) Any person violating any provision of Section 9-11-44.1 shall be subject to prosecution thereunder, and upon conviction, shall be guilty of a Class B misdemeanor.
Author: James D. Martin
History
(a) It shall be unlawful to cast, release, or otherwise place, a dog, for the purpose of hunting deer, from, upon, or onto, a public right-of-way, without the permission of the landowners whose land adjoins the right-of-way within 50 feet of the location of such dog.
(b) It shall be unlawful for any person to utilize a dog for the purpose of deer hunting without the person placing and maintaining on said dog a collar containing the following information clearly stated thereon: the name, address, and telephone number of the person utilizing the dog.
Author: James D. Martin
History
It shall be unlawful to hunt mourning dove or white winged dovesover fields that are planted or prepared outside of or contrary to the recognized practices or methods prescribed by the most recent Alabama Cooperative Extension System publications, available through the Alabama Cooperative Extension System.
Rule 220-2-.114, as previously adopted, is hereby repealed in its entirety.
History
(1) For the purpose of this regulation, "snagging" shall be defined as the taking or attempted taking of fish by pulling either a single or group of hooks through the water in any manner which increases the likelihood of impaling fish in body regions other than the mouth.
(2) It shall be unlawful to take or attempt to take fish by snagging on all waters of the Tennessee River or its impoundments.
(3) It shall be unlawful to take or attempt to take fish by snagging within 800 feet of any dam on the Coosa River or its impoundments.
History
The following 2005-2006 hunting seasons, in accordance with the below stated times, places, manners and means, are hereby established for the Charles A. Farquhar State Cattle Ranch - Hale County:
(Note: Regulation "220-2-.109 Physically Disabled Hunting Areas" will apply to the deer hunting on the Wildwood area.)
See Table at http://www.alabamaadministrativecode.state.al.us/docs/con_/McWord220-2.pdf
History
Any person hunting migratory birds (woodcock, dove, rails, sora, Wilson's snipe, coots, gallinule, merganser, ducks, geese, or sandhill crane) required to be licensed should have completed a free Migratory Bird Harvest Information Program survey card providing information for the preceding season prior to hunting any species of migratory bird. Each person required to be licensed hunting migratory birds in Alabama should have the survey completion stamp on their person while hunting migratory birds.
It shall be a violation of this regulation for any person required to be licensed, having been warned by a law enforcement officer, to continue to hunt migratory birds without the survey completion stamp on their person.
History
This rule applies to Special Youth Hunting Days, as established by Rule 220-2-.01 and Rule 220-2-.77. The regular season shooting hours, bag limits, and legal arms and ammunitions apply to the special youth hunting days. Individuals shall comply with the following rules to participate in the scheduled youth hunts:
(1) Youth means an individual who has not reached his [or her] sixteenth birthday.
(2) Adult Supervisor means an individual 21 years old or older or the parent of the youth. An adult supervisor shall be in possession of all required state hunting licenses (and state and federal waterfowl stamps, if required to hunt waterfowl).
(3) Up to two (2) youth participants shall be accompanied by an adult supervisor. The adult supervisor shall remain within 30 feet of each youth at all times.
(4) Only one firearm will be allowed per youth. Only the youth hunters will be permitted to utilize firearms for hunting. The adult supervisor shall review the rules of firearm safety with each youth under his [or her] supervision and ensure they are followed.
History
(1) This regulation shall apply to those waters referred to in this regulation which are covered by the reciprocal agreement with the State of Georgia and which are within the jurisdiction of the State of Alabama, Department of Conservation and Natural Resources, Division of Wildlife and Freshwater Fisheries.
(2) The State of Alabama and the State of Georgia have a reciprocal agreement concerning fishing in certain reciprocal waters, whereby fishing licenses of Georgia and Alabama are mutually recognized for fishing from the banks or on the waters of the Chattachoochee River forming the boundary between Alabama and Georgia and all impoundments thereon as now exists or which may exist in the future, with the exception of that portion of West Point Reservoir lying upstream (north) of Georgia Highway 109 bridge on the Chattachoochee River arm of said reservoir. The waters covered by this agreement do not include other streams or tributaries which flow into the Chattachoochee River or its impoundments.
(3) For the purpose of this agreement, "sport fishing" shall be defined as the lawful taking by ordinary hook and line, pole, casting reel and rod and use of artificial lures, spinning reel and rod, or fly rod.
(4) The term "commercial fishing" shall be defined as the legal taking of non-game fish by any person from either state.
(5) No person shall take, catch, or have in possession on any one day, more than fifty (50) in the aggregate of all of the following species or more than one day's creel limit for any species.
The daily creel limit shall be as follows:
Species Daily Creel Limit
Black Bass..........................................10
(Includes Largemouth, Smallmouth, Kentucky or Spotted, Redeye or Coosa, and Shoal)
WHITE BASS, SALTWATER STRIPED BASS
AND SALTWATER STRIPED-WHITE BASS
HYBRIDS, IN THE AGGREGATE...........................15
(Only 2 of which may be 22 inches or longer in length)
CRAPPIE.............................................30
BREAM...............................................50
(Includes Bluegill, Redbreast, Warmouth, Shadow Bass and all other species of bream)
PICKEREL............................................15
(6) Nets shall not be used to take fish from any of the waters covered by this agreement provided, however, minnow seines, dip nets and cast nets meeting the requirements of the respective states for catching minnows for use as live bait are hereby permitted, and provided further that baskets and snaglines may be used for catching and taking non-game fish, upon securing from the proper authority or authorities of the state upon whose side of the boundary line between the states such basket or snagline is used, any license required for the use of such basket or snagline, and upon compliance with any other laws or rules of the state governing the use of such baskets or snagline.
(7) Fish may not be caught or taken by any hook or combination of hooks pulled through the water (snatching); provided however, said hooks may be so used with bait and/or lures to entice fish to strike or bite such bait or lure.
(8) Snaglines, trotlines and wire baskets may be used for catching and taking fish in any of the waters covered by this agreement according to the laws, rules and regulations of the state in which the fishing takes place.
Author: Riley Boykin Smith
History
The spring turkey season for West Jefferson Public Hunting Area, located in Jefferson and Tuscaloosa Counties, Alabama shall be March 20, 1997 through April 30, 1997, daylight until 12:00 noon, central standard time.
Author: James D. Martin
History
For purposes of enforcement of Sections 9-20-1 through 9-20-7, Code of Ala. 1975, enacted by Act No. 95-767, as the "Alabama Nonindigenous Aquatic Plant Control Act", the following list of all nonindigenous aquatic plants which are prohibited by Section 9-20-3 from being introduced or placed or caused to be introduced or placed into public waters of the state is established:
COMMON NAME SCIENTIFIC NAME
African elodea Lagarosiphon spp
alligatorweed Alternanthera philoxeriodes
Brazilian elodea Egeria densa
curlyleaf pondweed Potamogeton crispus
Eurasian watermilfoil Myriophyllum spicatum
floating waterhyacinth Eichhornia crassipes
giant salvinia Salvinia molesta
hydrilla Hydrilla verticillata
hygrophila Hygrophila polysperma
limnophila Limnophila sessiliflora
parrot-feather Myriophyllum aquaticum
purple loosestrife Lythrum salicaria
rooted waterhyacinth Eichhornia azurea
spinyleaf naiad Najas minor
water-aloe Stratiotes aloides
water-1ettuce Pistia stratiotes
water chestnut Trapa natans
water spinach Ipomea aquatica
Author: James D. Martin
History
(1) The following special hunting seasons, in accordance with the below-stated times, places, manners, and means, are hereby established for the following Forever Wild and State Lands Division lands:
Lillian Swamp Complex - Lillian Swamp South, Caney Bayou, and Lillian Swamp West tracts, Baldwin County;
Pike County Pocosin Complex , Pike County Pocosin and the Sellers addition, Pike County;
Sipsey River Complex - North and South Zones, Sipsey Sullivan, Sipsey Randolph, and Sipsey Robertson tracts, Pruett, TH Robertson, Springer and Sipsey River Swamp 2012, Tuscaloosa County;
Splinter Hill Bog Complex - Splinter Hill Bog Ben May, Splinter Hill Bog International Paper Addition, and Splinter Hill Bog Ben May Charitable Trust tracts, Baldwin County; and
Old Cahawba Prairie, Complex - West Zone, Old Cahawba Prairie Tract, Dallas County.
(a) The hunting seasons as established in Rules 220-2-.01, 220-2-.77, and 220-2-.29 as they apply to said lands and to "Open Permit-Public Land" in the particular portions of the counties in which the tracts are located, shall apply except as otherwise provided herein:
Hunting of waterfowl shall be restricted to thirty (30) minutes prior to sunrise until 12 noon during the state waterfowl seasons.
Hunting of feral swine (wild hogs) shall be limited to October 1 through May 31 for Pike County Pocosin Complex in Pike County, Splinter Hill Bog Complex in Baldwin County, Lillian Swamp Complex in Baldwin County, Sipsey River Complex in Tuscaloosa County, and Old Cahawba Prairie Tract in Dallas County, (no bag limit).
Deer hunting shall be limited to shotgun with slugs, muzzle-loading rifles, muzzle-loading handguns, muzzleloading shotguns, pre-charged pneumatic arrow shooting rifles using an arrow equipped with a broadhead which has a minimum cutting diameter of 7/8" and 2 sharpened edges, pre-charged pneumatic air-powered guns .30 caliber or larger, bow and arrow, or crossbow.
Muzzleloading rifles and handguns to be .40 caliber or larger, shotguns to use single round balls only. Firearms must be incapable of holding more than one charge for each barrel.
No centerfire rifles or buckshot shall be allowed for any type of hunting;
No dogs shall be permitted for hunting deer, coyote, and feral swine (wild hogs);
Special muzzleloader season for Deer: By muzzleloader only - Stalk hunting only (no dogs). During the special muzzleloader deer season, two (2) deer per day only one (1) of which may be an antlered buck and only one (1) may be an unantlered deer (except spotted fawns), is permitted November 18 to November 22.
Turkey hunting shall be legal from daylight until 1:00 pm.
Hunting on Old Cahawba Prairie Complex shall be as follows: (East Zone, Thursday - Sunday) and (West Zone, open daily) during open public hunting seasons.
(2) The following special hunting seasons, in accordance with the below-stated times, places, manners, and means, are hereby established for the following Forever Wild lands:
Coon Creek Tract , Tallapoosa County;
Indian Mountain Complex - Indian Mountain, Indian Mountain Garner, and Simmons addition, Cherokee County; S hoal Creek Preserve Tract , Lauderdale County; and Old Cahawba Prairie Complex - East Zone, Dallas County:
(a) The hunting seasons are established in Rules 220-2-.01, and 220-2-.77 as they apply to said lands and to "Open Permit-Public Land" in the particular portions of the counties in which the tracts are located, shall apply except as otherwise provided herein:
Hunting of feral swine (wild hogs) shall be limited to October 1 through April 30 (no bag limit).
Deer hunting shall be limited to bow and arrow, or crossbow.
No firearms permitted except for shotguns, 10 gauge or smaller using standard No. 2 shot or smaller.
Note : This prohibition shall not apply to the possession of handguns by lawfully authorized person for their personal protection, provided the handguns are not used to hunt or take or attempt to take wildlife except as otherwise provided by this regulation.
No dogs shall be permitted for hunting deer, coyote, and feral swine (wild hogs).
No trapping shall be allowed.
Turkey hunting shall be legal on the Old Cahawba Prairie Complex - East Zone in Dallas County from daylight until 1:00 pm.
Rimfire rifles shall be legal on the Old Cahawba Prairie Complex - East Zone in Dallas County for hunting small game.
History
(1) It shall be unlawful to discharge firearms on any Division of Wildlife and Freshwater Fisheries public shooting range, except in accordance with the following regulations. All range users shall abide by the listed regulations and posted rules pertinent to the range in use. Permits for the excepted uses will be issued by the Hunter Education Coordinator or a designee. The range may be closed as necessary.
(a) Range is open during daylight hours only, unless otherwise posted, except by permit issued by the Hunter Education Coordinator or a designee.
(b) No alcoholic beverages allowed.
(c) Any legal firearm and ammunition (excluding armor-piercing, tracer, or any ammunition considered to be incendiary or explosive) may be used on target range.
(d) Keep all firearms on the shooting line unloaded and muzzles pointed down range when not firing or uncased. When not on the firing line, all firearms shall be unloaded with the action open and muzzle pointed in a safe direction or cased.
(e) All persons are to remain behind the shooting line while firing is taking place. No firing shall be allowed while anyone is down range.
(f) All firearms [except as noted below in (g)] shall only be fired from designated stations on the concrete shooting line into the embankment at stationary paper targets, self-healing, or metal automatic reset targets. Exploding targets are prohibited. The targets must be placed so that shots will impact above the range ground floor and into the bottom 5' of the embankment. Only one person may shoot from each designated location at any given time.
(g) Only shotguns utilizing 4 size shot or smaller may be used at the designated "Clay Target Areas."
(h) All used targets, brass, shotgun hulls, and other trash shall be placed in a trash receptacle or removed by the user from the public shooting range.
(i) It shall be unlawful to violate any posted restriction.
(j) All Alabama residents 16 through 64 years of age using a public shooting range are required to have either a valid Alabama: state hunting license, state wildlife management area license, or a state wildlife heritage license to use the range. All non-residents 16 years of age and over are required to have either a valid Alabama: state non-resident hunting license or a state wildlife management area license.
History
(1) The following special 2011-2012 hunting seasons, in accordance with the below-stated times, places, manners, and means, are hereby established:
(a) The hunting seasons as established in Rule 220-2-.01 entitled "2011-2012 Hunting Seasons," and as established in Rule 220-2-.77 entitled "2011-2012 Duck, Coot, Merganser, Goose and Teal Hunting Seasons," as they apply to that portion of Lauderdale County known as the Blowing Springs Cave Tract (Forever Wild Lands), and as they apply to "Open Permit-Public Land" in that portion of Lauderdale County, shall apply to hunting on the Blowing Springs Cave Tract (Forever Wild Lands), except as otherwise provided herein:
There shall be no open season for deer or turkey.
The only legal firearms or weapons shall be black powder firearms otherwise legal for hunting and long bows, compound bows, and crossbows otherwise legal for hunting.
No trapping shall be allowed.
History
(1) The following special 2006-2007 hunting seasons, in accordance with the below-stated times, places, manners, and means, are hereby established:
(a) The hunting seasons as established in Rule 220-2-.01 entitled "2006-2007 Hunting Seasons," Rule 220-2-.77, entitled "2006-2007 Duck, Coot, Merganser, Goose and Teal Hunting Seasons," and Rule 220-2-.29, entitled "Open Trapping Seasons on Fur-Bearers," as they apply to that portion of Tallapoosa County known as the Coon Creek Tract (Forever Wild Lands), and as they apply to "Open Permit-Public Land" in that portion of Tallapoosa County, shall apply to hunting on the Coon Creek Track (Forever Wild Lands), except as otherwise provided herein:
History
It shall be unlawful to intentionally stock or release any fish, mussel, snail, crayfish or their embryos including bait fish into the public waters of Alabama under the jurisdiction of the Division of Wildlife and Freshwater Fisheries as provided in Rule 220-2-.42 except those waters from which it came without the written permission of a designated employee of the Department of Conservation and Natural Resources authorized by the Director of the Division of Wildlife and Freshwater Fisheries to issue such permit. The provisions of this rule shall not apply to the incidental release of bait into the water during the normal process of fishing.
Author: Richard C. Liles
History
(a) It shall be illegal to fish with the aid of commercial gear in any specific portion of the public waters of the State under the jurisdiction of the Division of Wildlife and Freshwater Fisheries as provided in Rule 220-2-.42 where there has been a fish consumption advisory issued by the State Department of Public Health on any commercial or non-game fish species. The provisions of this paragraph shall not apply to persons taking fish pursuant to a valid permit issued pursuant to Section 9-11-231, Code of Ala. 1975.
(b) In addition, it shall be illegal to sell or offer for sale any fish taken from such waters regardless of the method by which the fish are taken.
History
(1) The following area is hereby designated and established as "Youth Turkey Hunting Area":
(a) "USA Foundation Hunting Area" as indicated on the attached map.
(2) It shall be unlawful on any area designated by the Department of Conservation and Natural Resources as a "Youth Turkey Hunting Area":
(a) To hunt, trap, use dogs, possess firearms, traps or bow and arrow, without a valid permit. A permit is valid only during scheduled area spring turkey season during legal hunting hours and only with the required hunting license(s) and stamps and only with weapons and ammunition permitted for hunting turkey. See (4) for limited exception for certain lawfully authorized handguns possessed for personal protection.
(b) To have in possession any firearms, ammunition or bow and arrow except as allowed by law for the species hunted. See (4) for limited exception for certain lawfully authorized handguns possessed for personal protection.
(c) For any person to hunt without having in possession all required hunting licenses.
(d) For any person to carry firearms in or on vehicle with ammunition in the magazine, breech or clip attached to firearms, or black powder weapons with primer, cap or flash powder in place.
(e) To camp in the area.
(f) To kill or willfully molest any species of wildlife except those designated for hunting. However, this regulation shall not apply to bobcat, coyote, or fox, which maybe killed during all scheduled area hunts that occur during the dates of the spring turkey season.
(g) To discharge fireworks at any time.
(h) To discharge firearms for target practice.
(i) To use fire to smoke out game.
(j) To transport turkey killed from the area before recording pertinent data at the designated checking station.
(k) For any person except those authorized to operate any motor driven vehicle behind, under or around any lockedgate, barricaded road or sign which prohibits vehicular traffic.
(l) For any person except authorized personnel to block or otherwise stop traffic on any road or at any gate by parking a vehicle in such a way that passage around the vehicle is impossible.
(m) To damage or remove any trees, crops, or other plants, dirt, gravel or sod without legal authorization.
(n) To hunt from an elevated platform.
(o) To hunt without first making a reservation for the particular hunt.
(p) To hunt more often than two days every week.
Failure to cancel a reservation at least 48 hours prior to the hunt dates will be considered the same as if the individual hunted in determining when that person could reserve other dates.
(3) Individuals must follow the listed rules to participate in the scheduled youth turkey hunts.
(a) Each youth participant must be accompanied by an adult supervisor. The adult supervisor is to remain within arms length of the youth at all times.
(b) Youth is defined as those individuals who have not reached their sixteenth birthday.
Adult is defined as those individuals twenty-five years old or older who are in possession of all state hunting licenses required to hunt turkey on a wildlife management area.
(d) Only one firearm will be allowed per youth. Only the youth hunter will be permitted to utilize the firearm for hunting. The adult is to review with the youth the rules of firearm safety and to ensure they are followed.
(e) The adult-youth pair is to check in and out at the check station as a single unit.
(f) Hunting hours will be daylight until 1:00 P.M. on Saturdays and other dates established by the District Wildlife supervisor of the spring turkey season.
(g) All other rules, laws, and regulations are in effect.
(4) Nothing in this regulation prohibits the possession of handguns by lawfully authorized persons for personal protection, provided the handguns are not used to hunt or take or to attempt to take wildlife in violation of law.
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History
(1) The following rules and regulations shall apply at any state park area authorized by the Commissioner of Conservation and Natural Resources for hunting:
(a) BOW AND ARROW (including crossbows) will be legal on all specially scheduled hunts. Broadhead points only must be utilized. Bow and Arrow equipment must meet the specifications of Rule 220-2-.03. All arrows used must contain the name of the hunter thereon. Bow and Arrow will also be permitted in the park for use during authorized official proficiency testing prior to the hunt;
(b) It shall be unlawful:
(1) to hunt without a valid permit. Hunters must comply with all terms and conditions of the permit. A permit is valid only during scheduled Special State Park Hunting Seasons for the particular state park area, only during legal hunting hours, only with the required hunting license(s) and stamps, and only with weapons and ammunition permitted for hunting the wildlife listed on permit;
(2) to use dogs for stalk hunting of deer;
(3) to hunt deer without first presenting his or her required hunting licenses at the checking station;
(4) to possess any firearms;
(5) to hunt within one hundred (100) yards of any campground, house, building or enclosed structure, excluding structures on the Oak Mountain State Park golf course;
(6) to camp on any area except in designated sites. Campfires must be extinguished before departing. No warming fires shall be permitted away from camping area;
(7) to kill or willfully molest any species of wildlife except those designated for hunting;
(8) to use fire to smoke out game;
(9) to transport deer killed during any hunts before being checked at the designated checking station for scientific data;
(10) for any person except authorized personnel to operate any motor driven vehicle behind, under or around any locked gate, barricaded road or sign which prohibits vehicular traffic;
(11) for any unauthorized person at any time to operate a motor scooter, motorcycle, trail bike, or any motor driven vehicle except on regularly used roads open for public use by four wheel vehicle traffic and except as otherwise authorized;
(12) for any person to hunt without wearing an outer garment above the waist containing a minimum of 144 square inches of hunter orange color or either a full size hunter orange hat or cap. Hunters are not required to wear hunter orange when hunting from a stand elevated twelve (12) feet or more above the ground. The hunter orange must be of solid color, except for a small logo and/or printing on the front of the cap, and visible from any angle;
(13) for any person except authorized personnel to block or otherwise stop traffic on any road by parking a vehicle in such a way that passage around the vehicle is impossible;
(14) for any person to deposit, distribute or scatter grain, salt, litter, or any other materials on any area maintained by the Department of Conservation and Natural Resources prior to receiving approval from said Department;
(15) to damage or remove any trees, crops, or other plants, dirt, gravel or sod without legal authorization;
(16) to erect or use a permanent tree stand or scaffold;
(17) to cast a light of any kind, either hand held, affixed to a vehicle, or otherwise, between the hours of sunset and sunrise. This paragraph does not apply to the headlights of vehicles traveling in a normal manner on an open established road;
(18) to hunt from an elevated stand or platform without attaching themselves to the tree or platform with a safety harness capable of supporting their weight; or
(19) to violate any posted restrictions on entry, hunting, fishing, or other conduct.
History
There is hereby established a Special State Park Hunting Season for Oak Mountain State Park in a certain designated area at the park, for the hunting of deer by bow and arrow, on January 27 and 28, 2004, by permitted and licensed Alabama resident hunters 16 years old or older only. Stalk hunting only (no dogs). Hunters will be allowed to take up to two deer per day, only one of which may be antlered.
History
(a) Lowndes Wildlife Management Area
See Table at http://www.alabamaadministrativecode.state.al.us/docs/con_/McWord220-2.pdf
History
There are hereby established Special State Park Hunting Seasons for Oak Mountain State Park in a certain designated area at the park, for the hunting of deer by bow and arrow (including crossbows), on October 26 and 27, 2004, and December 15 and 16, 2004, by permitted and licensed Alabama resident hunters 16 years old or older only. Stalk hunting only (no dogs). Hunters will be allowed to take up to two deer per day, only one of which may be antlered, but hunters shall first take an unaltered deer before taking an antlered deer.
History
All persons, firms or corporations licensed under Section 9-11-30 to engage in the business of raising game birds, game animals, or fur bearing animals shall:
(1) Submit to the Division of Wildlife and Freshwater Fisheries, (hereinafter referenced as "the Division" or "Division"), accurate records of stock and inventory changes caused by births, deaths, escapes, transports, releases, transfers, sales, purchases or other causes; provided however, holders of the nonindigenous game breeder option who are not engaged in the breeding and handling of such animals may submit a good faith estimate of stock inventory and inventory changes as to such animals. Effective June 1, 2018, all inventory records and changes described above relating to game animals shall be submitted via the Division's electronic database through individual user accounts, or by phone utilizing a Division approved call center through individual user accounts. Initial inventory records submissions may also be established by mailing a letter, signed by the license holder, identifying the number of game animals currently in inventory, and a copy of each animal's current Cervidae Possession/Transfer Form to the Division through the U.S. Postal Service utilizing certified mail. Inventory changes caused by births on a license holder's facility may also be established by mailing a letter, signed by the license holder, identifying the number of game animals to be added due to birth, and a copy of each animal's Cervidae Possession/Transfer Form to the Division through the U.S. Postal Service utilizing certified mail.
(a) For the purposes of this rule, the following words shall have the meanings given to them in this rule when related to the physical movement of game animals.
"Transport" means to take, carry, or move a game animal from one location to another.
"Transfer" means the transport of any game animal from a licensed game breeder facility to another licensed game breeder facility or to another individual or facility that is licensed or permitted to possess game animals, where the transport results in a change in inventory.
"Release" means the transport of any game animal from a licensed game breeder facility to an enclosure that is not a licensed game breeder facility, where the transport results in a change in inventory.
(2) Allow inspection by agents authorized by the Division and Department of Agriculture and Industries, of stock, facilities and records at all reasonable times.
(3) Each fawn shall be marked with an assigned ear tag, as specified by the Division, which identifies each animal, at the earliest of the following dates: the date it is transported, the date it is transferred, the date it is released, or by April 1 of the year immediately following the fawn's birth. The fawn's species, sex, date of birth, ear tag number, and other identifying features shall be submitted, as required in paragraph (1), via the user's account on the database, by certified mail, or by phone. Such tags shall not be reassigned to or reused on another animal. Tags shall not be removed, except during transport when the animal is being released, provided the tag shall be in possession during transport. Animals which lose tags shall be reassigned a replacement tag number and be remarked before sale or transfer.
(4) Identify the location of each facility by physical address and notify designated Division personnel of any changes in size or location of the facility.
(5) Within 24 hours of discovery, notify designated Division personnel of any deaths via the database or phone and allow disease testing of animals, 12 months of age or older, that have died.
(6) Within 24 hours of discovery, notify designated Division personnel of escapes via the database or phone and coordinate recapture efforts as directed by Division personnel. The licensed game breeder shall have ten days from the date of such report to recapture only those escaped deer that are listed on the breeder's inventory. All recaptured deer must be returned to the facility from which the deer escaped. If after ten days the licensed game breeder is unable to recapture escaped deer that have been reported in accordance with this regulation, the Division may grant an additional ten-day period for recapture efforts to continue, contingent upon the licensed game breeder proving to the Division's satisfaction that reasonable efforts were made to effect the recapture during the first ten-day period.
(7) Any releases, transfers, sales, or purchases of inventoried game animals that results in a change in inventory shall be reported via the user's account on the database or by phone. This includes providing the date and location of the event. In addition, the recipient's serial number, commonly referred to as an Alabama Game Breeder number, shall be reported if the recipient is a licensed game breeder. Licensed Game Breeders who are recipients of transfers must accept or decline the transfer via the database or phone within ten days.
(8) Game animals shall not be transported without being accompanied by a valid transport number issued by the Division. To receive a transport number, a game breeder must identify the animals to be transported and provide the destination location of the transport via the database or phone. Once issued, the transport number will be valid for ten days.
(9) Upon notification by authorized Division personnel of a documented disease risk, not remove from any licensed game breeder facility any animals alive or dead until approved by authorized Division personnel.
(10) For species of the family Cervidae, obtain a premises registration number and comply with the conditions set forth in any herd health or monitoring plan that may be designated by the Alabama Department of Agriculture and Industries.
(11) Acquire animals only from licensed game breeders, except by written approval from authorized Division personnel.
The Commissioner of Conservation and Natural Resources, in cooperation with the Alabama Department of Agriculture and Industries, may order the confiscation and destruction of any animal that is deemed to be a substantial disease risk to other wildlife, domestic animals, or the public without compensation to the owner of such animal. This shall not affect the authority of other state or federal agencies with respect to confiscation, destruction or condemnation of or compensation for such animals.
Nothing in this regulation is intended to authorize the importation into this state of any live animal, or their eggs or embryos which is otherwise prohibited by law or regulation.
History
It shall be unlawful for any person to hunt or attempt to hunt within 100 yards of any dwelling belonging to another, whether occupied or not, without the permission or the owner or lessee of said dwelling. Provided further, it shall be unlawful for any person to discharge a firearm while hunting in such a manner that any projectile strikes any dwelling or building used for human occupation, whether occupied or not, or any commercial vessel, without the permission of the owner or lessee of said dwelling, building or vessel. This regulation shall not apply to a landowner or member of his or her immediate family hunting on his or her own property provided that no projectile strikes any of the above stated property of another without the permission of the owner or lessee of said property.
History
There are hereby established Special State Park Hunting Seasons for the following parks:
(1) Oak Mountain State Park - Whitetail Deer Hunt by bow and arrow (including crossbows) only. Hunting will be permitted through a limited quota permit system selected by random computerized selection for designated areas of the park November 4, 2024 - February 6, 2025. Permit holders and their properly licensed guest must be 16 years of age or older. Hunters may only hunt in their assigned hunt unit on their specified hunt date. Stalk hunting only, no dogs. Hunters will be allowed to take up to four deer total during the permitted hunt, only one of which may be an antlered buck. All four deer may be harvested the same day. Hunters must harvest a doe prior to harvesting a buck. State buck harvest limits will apply.
An Adult Mentored Hunt administered by the Department of Conservation and Natural Resources will take place January 10, 2025 - January 12, 2025.
(2) Frank Jackson State Park - Whitetail Deer Hunt by bow and arrow (including crossbows) only. Hunting will be permitted through a limited quota permit system selected by random computerized selection for designated areas of the park October 31, 2024
(3) Alligator: The following State Park will be open for Alligator season in accordance with state laws and regulations as set forth in 220-2-.143 and 220-2-.01.
(a) Frank Johnson State Park is open to those possessing an Alligator Possession Tag for the Southeast Management Area.
(4) Coyote: Open during any scheduled State Park Special Opportunity Hunting Season at Oak Mountain State Park and Frank Jackson State Park using weapons and ammunition approved for those hunts. No dogs allowed. Daylight hours only. Limited to those limited quota permit holders for the specified permit days and units.
(5) Falconry: The following State Parks will allow falconry in accordance with state laws and regulations during squirrel and rabbit hunting seasons as set forth in Rules 220-2-.01 and 220-2-.02: DeSoto State Park, Joe Wheeler State Park, Lake Guntersville State Park, Lakepoint Resort State Park, Chewacla State Park, Bucks Pocket State Park, Lake Lurleen State Park, Monte Sano State Park, Oak Mountain State Park, Paul M. Grist State Park, Wind Creek State Park, Frank Jackson State Park, Cheaha State Park, Cathedral Caverns State Park, Rickwood State Park, Meaher State Park, and Blue Springs State Park.
History
(1) The following special 2006-2007 hunting seasons, in accordance with the below-stated times, places, manners, and means, are hereby established:
(a) The hunting seasons as established in Rule 220-2-.01 entitled "2006-2007 Hunting Seasons," as they apply to that portion of Lauderdale County known as the Shoal Creek Preserve Tract (Forever Wild Lands), and as they apply to "Open Permit-Public Land" in that portion of Lauderdale County, shall apply to hunting on the Shoal Creek Preserve Tract (Forever Wild Lands), except as otherwise provided herein:
No centerfire rifles or buckshot shall be allowed for any type of hunting;
No dogs shall be permitted for hunting deer, coyote, and feral swine (wild hogs);
Special muzzleloader season for Deer: By muzzleloader only - Stalk hunting only (no dogs). During the special muzzleloader deer season, two (2) deer per day only one of which may be an antlered buck (excepted spotted fawns), is permitted November 13 to November 17 and January 6 to January 22. This special muzzleloader deer season shall supersede that muzzleloader season provided otherwise for Lauderdale County in Rule 220-2-.01.
Hunting of feral swine (wild hogs) shall be limited to October 1 through April 30 (no bag limit).
History
(1) Definitions:
(a) "Division" - Wildlife and Freshwater Fisheries Division of the Alabama Department of Conservation and Natural Resources.
(b) "Director" - The Director of the Wildlife and Freshwater Fisheries Division of the Alabama Department of Conservation and Natural Resources.
(c) "Turtle Farmer" - Any person, firm, or corporation engaged in the business of propagating legally acquired captive indigenous turtles or turtle eggs for commercial purposes.
(d) "Turtle Dealer" - Any person, firm, or corporation who purchases, imports or exports turtles or turtle eggs for resale or stocking purposes or who sells, offers for sale, or trades for anything of value legally acquired live turtles.
(2)
(a) No person shall take, attempt to take, sell or possess any turtle egg or turtle or parts thereof from the wild in this state, to include public and private waters, for commercial purposes, except those turtle farmers who may take nuisance turtles from privately constructed farm ponds for use as breeder turtles only under specially issued permits from the Director or his designee. Turtles taken under the specially issued nuisance permits shall not be sold or bartered. This is not to prohibit the operations of properly permitted "Turtle Farmers" or "Turtle Dealers" as defined in paragraph (1) as long as those turtles are not taken from the wild.
(b) This is not to prohibit the removal of turtles from a privately constructed farm pond by the landowner or his agent while controlling nuisance animals as long as the turtles are not sold or traded for anything of value.
(c) Nothing in this regulation prohibits the taking for personal use of up to two legal turtles per day by hand, dip net or hook and line however, no person shall take more than two turtles per day from the wild in this state, to include public and private waters.
(3)
(a) Any person, firm, or corporation engaged in the business of propagating captive turtles or incubating and hatching turtle eggs for restocking, sale, or other commercial purposes must first obtain a turtle farmer's permit from the Director. Each turtle farmer permittee must agree to meet designated standards for enclosure construction and animal care prior to being permitted. Each permittee will file an annual report on forms provided by the Division prior to renewal of their farmer permit. This report will provide the information required by subsection (c) of this regulation. Any person, firm or corporation engaged in the import, export, sale or trade of live turtles or turtle eggs must first obtain a "Turtle Dealers" permit from the Director or his designee.
(b) No person, firm or corporation shall import or cause to be imported, any nonindigenous turtle species for the purpose of propagation. Nonindigenous turtle species may not be propagated within the state.
(c) All turtles imported into or exported out of the state of Alabama for commercial purposes shall be accompanied by a bill of lading which provides the following information:
(1) name of person importing/exporting the turtles;
(2) permit number of person importing/exporting the turtles;
(3) date of shipment;
(4) quantity and species of turtles;
(5) origin (state and body of water) of shipment;
(6) destination of shipment;
(7) total value of shipment; and
(8) signature of owner/transporter. A copy of the bill of lading shall remain with the shipment and a copy sent to the Division.
(d) Each turtle farmer report required in this regulation must be filed with the Division prior to renewing their annual permit and must include the following and any other information specified by the Director:
(1) permit holder's name and permit number;
(2) buyer/seller's name and address;
(3) date of transaction;
(4) origin (state) of turtles purchased/sold;
(5) quantity and species of turtles purchased/sold;
(6) amount received/paid for turtles and;
(7) signature of permit holder. The Director or other persons as designated for such purposes shall have the power and authority to inspect and examine the books, records, turtles or facilities of each permit holder.
History
(1) A hunting season for American alligator ( Alligator mississippiensis) is hereby established in five areas of Alabama, as provided for below. These areas hereafter are referred to as Alligator Management Areas (AMAs) and are hereby established as, and shall constitute special "wildlife management areas," in accordance with Sections 9-11-300, 301, Code of Ala. 1975. Five AMAs shall be in portions of Baldwin, Mobile, Washington, Clarke, Monroe, Barbour, Coffee, Covington, Choctaw, Dale, Geneva, Henry, Houston, Marengo, Russell, Dallas, and Wilcox Counties. Hunting of alligator for the purpose of harvest management of wildlife are subject to these regulations.
(2) Locations of AMAs:
(a) SOUTHWEST MANAGEMENT AREA - The private and public waters in Baldwin and Mobile Counties that lie north of I-10 and private and public waters in Washington, Choctaw, Clarke, and Monroe Counties that lie south of U.S. Highway 84.
(b) COASTAL MANAGEMENT AREA - The private and public waters in Baldwin and Mobile Counties that lie south of I-10.
(c) SOUTHEAST MANAGEMENT AREA - The private and public waters in Barbour, Coffee, Covington, Dale, Geneva, Henry, Houston and Russell Counties (excluding public Alabama state waters in Walter F. George Reservoir (Lake Eufaula) and its navigable tributaries).
(d) WEST CENTRAL MANAGEMENT AREA - The private and public waters in Monroe, Clarke and Choctaw Counties north of U.S. Highway 84; Marengo County west of State Highway 28 and South of U.S. Highway 80; and Wilcox and Dallas Counties (excluding Choctaw National Wildlife Refuge).
(e) LAKE EUFAULA MANAGEMENT AREA - The public Alabama state waters only in the Walter F. George Reservoir (Lake Eufaula) and its navigable tributaries (excluding main channel of the Chattahoochee River), south of 13th Street Bridge in Phenix City (excluding Eufaula National Wildlife Refuge).
(3) Season:
(a) SOUTHWEST MANAGEMENT AREA - From Official Sunset Time on the second Thursday in August until Official Sunrise Time on the Sunday immediately following the second Thursday in August; from Official Sunset Time on the third Thursday in August until Official Sunrise Time on the Sunday immediately following the third Thursday in August; and from Official Sunset Time on the second Thursday in September until Official Sunrise Time on the Sunday immediately following the second Thursday in September.
(b) COASTAL MANAGEMENT AREA - From Official Sunset Time on the second Thursday in August until Official Sunrise Time on the Sunday immediately following the second Thursday in August; from Official Sunset Time on the third Thursday in August until Official Sunrise Time on the Sunday immediately following the third Thursday in August; and from Official Sunset Time on the second Thursday in September until Official Sunrise Time on the Sunday immediately following the second Thursday in September.
(c) SOUTHEAST MANAGEMENT AREA - From Official Sunset Time on the second Saturday in August until the Official Sunrise Time on the first Monday of September.
(d) WEST CENTRAL MANAGEMENT AREA - From Official Sunset Time on the second Thursday in August until Official Sunrise Time on the Sunday immediately following the second Thursday in August; and from Official Sunset Time on the third Thursday in August until Official Sunrise Time on the Sunday immediately following the third Thursday in August; and from the Official Sunset Time on the second Thursday in September until Official Sunrise Time on the Sunday immediately following the second Thursday in September.
(e) LAKE EUFAULA MANAGEMENT AREA - From Official Sunset Time on the second Thursday in August until Official Sunrise Time on the Sunday immediately following the second Thursday in August; from Official Sunset Time on the third Thursday in August until Official Sunrise Time on the Sunday immediately following the third Thursday in August; and from Official Sunset Time on the second Thursday in September until Official Sunrise Time on the Sunday immediately following the second Thursday in September.
(4) Hunting Hours:
(a) Southwest, Coastal, Southeast, Lake Eufaula, and West Central Management Areas - Official Sunset until Official Sunrise.
(5) Persons Eligible:
(a) Alabama Residents and Lifetime Hunting License holders of the State of Alabama who are sixteen (16) years of age or older holding any valid all game or small game Alabama Hunting License may apply for Resident Alligator Harvest Permit (see License Requirements).
(b) Non-residents who are sixteen (16) years of age or older holding any valid all game or small game Alabama Non-resident Hunting License may apply for an Alligator Harvest Permit (see License Requirements).
(c) Hunting Assistants (Residents and Non-Residents) sixteen (16) years of age or older must hold any valid all game or small game Alabama Hunting License.
(6) Harvest Permits:
(a) Permit Holders - The following permits and tags are established and required to hunt and harvest alligator in the State of Alabama. Each Permit Holder can receive up to two (2) Alligator Possession Tags.
Alabama Residents.
(i) Resident Alligator Harvest Permit [$250.00]. This Permit is required for residents to hunt and take alligators in a designated Alligator Management Area. A valid all game or small game Alabama Hunting License is required in addition to the Alligator Harvest Permit to harvest and possess alligators.
(ii) Resident Alligator Bonus Management Harvest Permit [$125.00]. This permit is required for residents to hunt and take a bonus alligator in a designated Alligator Management Area. Holders of a Resident Alligator Harvest Permit are eligible to purchase one (1) Resident Alligator Bonus Management Harvest Permit. A valid all game or small game Alabama Hunting License is required in addition to the Alligator Harvest Permit to harvest and possess alligators.
(i) Non-resident Alligator Harvest Permit [$1000.00]. This Permit is required for non-residents to hunt and take alligators in a designated Alligator Management Area. A valid all game or small game Non-resident Alabama Hunting License is required in addition to the Non-resident Alligator Harvest Permit to harvest and possess alligators.
(ii) Non-resident Alligator Bonus Management Harvest Permit [$500.00]. This permit is required for non-residents to hunt and take a bonus alligator in a designated Alligator Management Area. Holders of a Non-resident Alligator Harvest Permit are eligible to purchase one (1) Non-resident Alligator Bonus Management Harvest Permit. A valid all game or small game Non-resident Alabama Hunting License is required in addition to the Non-resident Alligator Harvest Permit to harvest and possess alligators.
(b) Possession Tag - All harvested alligators must have a Temporary Alligator Possession Tag attached to the alligator immediately after being dispatched and prior to moving. Hunters must bring alligator carcass or alligator hides, their attached Temporary Alligator Possession Tag, and information regarding length, weight, girth, and sex to a Wildlife and Freshwater Fisheries District check station or office as specified by the designated AMAs harvest reporting requirements to receive their permanent Federal CITES Alligator Possession Tag. Temporary Alligator Possession Tag will be mailed to the Alligator Harvest Permittee prior to their selected AMA season.
(c) If a person is selected for an Alligator Harvest Permit and Possession Tag at two or more Management Areas, they will be allowed to select which Management Area they would like to hunt. The other spot(s) not selected will be filled from the Alternates list.
(d) Harvest Permit and Possession Tag. Harvest Permits and Bonus Management Harvest Permits (Resident and Non-resident) and Possession Tags are non-transferable.
(7) Bag Limit and Size:
(a) Bag Limit- Each person receiving an Alligator Harvest Permit (Resident and Non-Resident) or an Alligator Bonus Management Harvest Permit (Resident or Non-resident) will be allowed to harvest one (1) alligator per permit.
(b) Size- Alligators harvested in the Lake Eufaula Management Area must be a minimum of eight (8) feet in length. The remaining Management Areas have no length requirement on alligators harvested with an Alligator Harvest Permit (Resident or Non-resident). All Alligators harvested with an Alligator Bonus Management Harvest Permit (Resident or Nonresident) shall be no larger than six (6) feet in length.
(8) Applications:
Applications for Alligator Harvest Permits will be accepted only at the Alabama Department of Conservation and Natural Resources Website at www.outdooralabama.com beginning at 8:00 AM on the first Tuesday in June. There is no charge for each Management Area application submitted. Registration will end at 8:00 AM on the second Tuesday of July. The drawings for each Management Area will be held on the second Wednesday of July. All applicants will be able to check for their results on the same website that they registered. Selected applicants must complete the Mandatory Training Course and purchase the Alligator Harvest Permit prior to accepting their hunter status. Selected applicant's acceptance is required by 8:00 AM on the third Wednesday of July. If a Permit is not accepted, the next applicant on the list will be notified and given 24 hours to respond. These notifications will continue until all Permit vacancies have been obligated. Only one (1) application shall be allowed per person per Management Area. Applications shall be in accordance with the procedure set out at www.outdooralabama.com.
(9) Preference Points:
The random selection process will utilize a preference point system. The system increases the likelihood of repeat applicants being selected for an Alligator Harvest Permit as long as the applicant continues to apply. The more years an applicant participates in the registration, the higher the likelihood of being selected. If an applicant ceases to register for the Alligator Harvest Permit in a given year or is selected and accepts a tag for an AMA hunt, the preference point status is forfeited.
(10) Mandatory Training Course:
All successful applicants will be required to complete the online Alligator Training Course prior to accepting their hunter/ alternate status. The video will be available for viewing at www.outdooralabama.com. The official course will be available on the applicant's status page upon login.
(11) Capture and Dispatch Methods:
(a) For All Management Areas
Alligators must be captured and brought adjacent to the boat, bank or dock prior to shooting or otherwise dispatching the animal. It is unlawful to shoot at or kill an unrestrained alligator. Restrained is defined as an alligator that has a noose or snare secured around the neck or leg in a manner that the alligator is controlled. Capture methods are restricted to hand-held snares, snatch hooks (hand-held or rod/reel), harpoons (with attached line), and bowfishing equipment (with line attached from arrow to bow or crossbow). No use of bait is allowed.
All alligators must be captured and dispatched from the Alligator Permit holder's boat. No capture or dispatch equipment is allowed in assisting boats.
All alligators of legal length must be dispatched immediately once boatside and restrained, as defined above. Culling is prohibited. No alligators should be captured for photographic or any other purposes and released. Firearms used for dispatching an alligator are restricted to shotguns with shot size no larger than #4 and bangsticks chambered in .38 caliber or larger or shotgun (using #4 shot or smaller). All shotguns and bangsticks must be cased and unloaded at all times until a restraining line has been attached to the alligator. Except as otherwise provided herein, no other firearm or ammunition may be in possession of the permittee or hunting party. No firearm or bangstick may be discharged within 100 yards of any residence, building, boat ramp, or occupied campsite in Mobile/Baldwin Counties and on the Alabama River, Claiborne Lake, William "Bill" Dannelly Reservoir and Lake Walter F. George (Lake Eufaula). The Temporary Alligator Possession Tag supplied by Alabama Wildlife and Freshwater Fisheries must be attached to the alligator's tail, as demonstrated in the training video, immediately after being dispatched and prior to moving or transporting.
(12) Mandatory Check Station:
(a) SOUTHWEST, COASTAL, WEST CENTRAL, AND LAKE EUFAULA MANAGEMENT AREAS - All successful permittees must bring their harvested alligators from these Management Areas to a designated mandatory check station on scheduled dates of the designated AMA season. Check station locations and scheduled dates will be posted to the website https://www.outdooralabama.com/seasons-and-bag-limits/alligator-season. All harvested alligators must have a Temporary Alligator Possession Tag attached to the alligator immediately after being dispatched and prior to moving. The permanent Federal CITES Alligator Possession Tag will be affixed to the harvested alligator by Wildlife and Freshwater Fisheries personnel at the check station.
(b) SOUTHEAST MANAGEMENT AREA - All successful permittees must bring their harvested alligator hides, their Temporary Alligator Possession Tag, and information regarding length, weight, girth, and sex to a Wildlife and Freshwater Fisheries district office within 10 business days of their harvest. Alligator harvest record sheets detailing the required information will be mailed with the Temporary Alligator Possession Tag to the Permittee. Upon validation of the alligator harvest data by WFF personnel, a permanent Federal CITES Alligator Possession Tag will be attached to the alligator.
(13) Harvest Reporting and Tagging:
(a) SOUTHWEST, COASTAL, WEST CENTRAL, and LAKE EUFAULA MANAGEMENT AREAS - All successful permittees must bring their harvested alligators from these Management Areas to a designated mandatory check station on scheduled dates of the designated AMA season. All harvested alligators must have a Temporary Alligator Possession Tag attached to the alligator immediately after being dispatched and prior to moving. The permanent Federal CITES Alligator Possession Tag will be affixed to the harvested alligator by Wildlife and Freshwater Fisheries personnel at the check station.
(b) SOUTHEAST MANAGEMENT AREA- All successful permittees from these management areas must bring their harvested alligator hides, their Temporary Alligator Possession Tag, and Alligator harvest record sheet regarding length, weight, girth, and sex to a Wildlife and Freshwater Fisheries district office within 10 business days of their harvest. Alligator harvest record sheets detailing the required information will be mailed with the Temporary Alligator Possession Tag to the Permittee. Upon validation of the alligator harvest data by WFF personnel, a permanent Federal CITES Alligator Possession Tag will be attached to the alligator by Wildlife and Freshwater Fisheries personnel.
(14) License Requirements:
(a) Alligator Harvest Permittee: Holders of an Alligator Harvest Permit (Resident or Non-Resident) must be in possession of a government issued picture identification and a valid Alabama Resident or Non-Resident all game or small game Hunting License as required by Alabama law. The aforementioned permits and valid hunting license must be in possession during the season while hunting and possessing alligator.
(b) Alligator Hunting Assistant: All assistants, either resident or non-resident, in the hunting party sixteen (16) years of age or older are required to purchase and be in possession of a valid Alabama all game or small game Hunting License as required by Alabama law. All persons in the boat or assisting boats that are not the Alligator Harvest Permittee are considered Hunting Assistants.
(15) General:
(a) Nothing in this regulation prohibits the possession of handguns by lawfully authorized persons for personal protection, provided the handguns are not used to hunt or take or to attempt to take wildlife in violation of law.
(b) ALL ALABAMA BOATING AND HUNTING REGULATIONS MUST BE FOLLOWED.
(c) For the purposes of this regulation the term "animal protected by the laws of this state" as used in Section 9-11-235 of the Code of Alabama, 1975, shall mean game animals as designated by the Commissioner of the Department of Conservation and Natural Resources.
History
(1) The following special Deer Season on the following specific area, in accordance with the below-stated times, places, manners, and means, is hereby established:
(a) Dreamwood Property, Bigbee, Alabama, Washington County, is hereby opened to the following hunting: October 21 and 22, 2006 - BY PERMIT ONLY - for stalk hunting of deer, antlered and antlerless, except spotted fawns. Two deer per day may be harvested only one of which may be an antlered buck. (Two unantlered deer or one unantlered deer and one antlered deer.) Guns or Bow and Arrow (including Crossbows).
History
(1) For the purpose of this regulation:
(a) "Deer" shall be defined as a white-tailed deer.
(b) "Antlered Deer" shall be defined as a white-tailed deer with antlers visible above the natural hairline.
(c) "Unantlered Deer" shall be defined as all other white-tailed deer.
(2) DEER AND TURKEY HARVEST RECORD FORM:
(a) Any person hunting deer or turkey, whether required to be licensed or not, shall maintain and have in his/her possession either:
Click to view image
NOTE: Harvest Record must be in possession when hunting. See paragraph 2(a).
Hunter must record before field dressing or moving carcass. See paragraph 2(b).
Hunter must obtain confirmation number within 48 hours. See paragraph 3.
(b) All deer or turkey harvested shall be recorded completely on either the harvest record form as identified in paragraph (2)(a) above or the DCNR approved App by the hunter harvesting the deer or turkey before the deer or turkey is moved or field dressed; provided however, that confirmation numbers for each deer or turkey harvested shall be obtained by following the procedures set forth in paragraph (3) hereof, and shall be entered on the harvest record within forty-eight (48) hours of harvest.
(c) Any person who harvests a deer or turkey shall have in their possession either the completed harvest record form as identified in paragraph (2)(a) above or the DCNR approved App. In addition, any other person who is in possession of a deer or turkey not harvested by that person shall have in their possession either:
(1) written documentation including the name and Conservation Identification Number (CID) of the person(s) who harvested the deer or turkey, as well as the dates(s) of harvest and Game Check confirmation number(s) of all deer and/or turkeys in their possession or
(2) a DCNR Transfer of Possession Certificate, available at http://www.outdooralabama.com/hunting/hunter-resources.
(3) DEER AND TURKEY HARVEST REPORTING REQUIREMENT:
(a) All hunters shall report to the DCNR, Division of Wildlife and Freshwater Fisheries, their harvest of each and every deer or turkey within forty-eight (48) hours of harvest, by using one of the following methods, as further described herein:
(1) the DCNR "Game Check" reporting site at http://www.OutdoorAlabama.com/Gamecheck; or
(2) the OutdoorAlabama App on a hand-held device.
(b) Online reporting shall be done by:
(1) accessing the web site stated above;
(2) using the OutdoorAlabama App on a hand-held device; or
(3) by any other means of accessing the DCNR "Game Check" reporting site on the internet.
On the Deer Harvest Reporting page, the hunter shall be required to provide:
(1) his or her 16-digit hunting license number or lifetime license number or other authorized identification number;
(2) whether the deer is an "antlered deer" or an "unantlered deer;" (3) whether the harvest location is public or private land;
(4) date of the harvest; and
(5) the county of harvest.
On the Turkey Harvest Reporting page, the hunter shall be required to provide:
(1) his or her 16-digit hunting license number or lifetime license number or other authorized identification number;
(2) the turkey's age (whether a jake or adult);
(3) whether the harvest location is public or private land;
(4) the date of the harvest; and
(5) the county of harvest.
A confirmation number shall be provided which shall be entered in the appropriate corresponding space on the harvest record form within forty-eight (48) hours of harvest or the DCNR approved App. Once data is submitted and a confirmation number provided, the data cannot be changed.
(4) It shall be a violation of this regulation for any person to fail to comply with the requirements of this regulation. Further, it shall be a violation of this regulation to present an incomplete deer and turkey harvest record for inspection, or to intentionally enter false information into the deer and turkey harvest record form provided for in paragraph (2) hereof or into the deer and turkey harvest reporting database provided for in paragraph (3) hereof.
History
(1) The season for hunting all species of deer shall be closed within any enclosure capable of confining deer, where:
(1) there exists or has existed any man-made point of access that allows deer to enter the enclosure but restricts their ability to exit the enclosure, including, but not limited to, any man-made ramp, platform, funnel, maze, or one-way gate; or (2) any bait has been placed so as to lure deer through any man-made opening into any such completed enclosure.
(2) The deer season shall be closed within any such enclosure from the date the owner or operator of the enclosure is notified by Wildlife and Freshwater Fisheries Division Enforcement personnel. The deer season shall remain closed for two years after such devices are removed or such conditions no longer exist. The owner or operator shall notify any persons who may hunt within the enclosure of the closed deer season.
History
Effective Friday, September 14, 2007, it shall be illegal to possess any largemouth bass less than 16 inches in total length from Tuskegee City Lake, Macon County, Alabama.
History
The following 2008 hunting season, in accordance with the below-stated times, places, manner, and means, is hereby established:
ALLIGATOR: By Special Permit Only
Must register on-line at www.outdooralabama.com between June 2 (8:00 a.m.) and July 14 (8:00 a.m.).
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History
(1) It shall be unlawful to shoot any type of bow or crossbow on any archery range operated now or in the future by, or in partnership with, the Division of Wildlife and Freshwater Fisheries, except in accordance with the following regulations. All range users shall abide by the listed regulations and posted rules pertinent to the range in use. Permits for excepted uses will be issued by the Hunter Education Coordinator or his designee. The range may be closed as necessary.
(a) The range is open during daylight hours only, except by permit by the Hunter Education Coordinator or a designee.
(b) No alcoholic beverages allowed.
(c) Arrows may only be nocked onto the bowstring when standing on the shooting line preparing to shoot.
(d) Shooting allowed only from the shooting line and only into the designated targets.
(e) Shooters are allowed to bring and shoot at a paper target placed on an existing target and is to be removed from the range once an individual has finished shooting. Personal targets are not allowed on range, except by permit.
(f) Bows must be hung on the bowhanger behind the shooting line when waiting to shoot or while archers are down range retrieving arrows. No shooting shall be allowed while anyone is down range.
(g) All persons are to remain behind the shooting line while shooting is taking place.
(h) Arrows from bows of 30-pound draw weight or more may only be shot into the targets on the adult range. Arrows from bows less than 30-pound draw weight may be shot into targets on the youth or adult range.
(i) Only arrows with field or target points may be used or possessed on range. No broadheads may be possessed on the range, except by permit by the Hunter Education Coordinator or a designee.
(j) All individuals standing on or utilizing the elevated platform must wear a full body harness, including shoulder and leg straps, and attach themselves to the appropriate safety cable carabineer.
(k) All used paper target faces and other trash shall be placed in a trash receptacle or removed by the user from the range.
(l) All Alabama residents 16 through 64 years of age are required to have either a valid Alabama: state hunting license, state wildlife management area license, or a state wildlife heritage license to use the range. All non-residents 16 of age and over are required to have either a valid Alabama: state hunting license or state wildlife management area license to use the range.
(m) Bows will only be drawn in such a manner as to prevent accidental or intentional loss of an arrow from range property.
(n) It shall be unlawful to violate any posted restriction.
(2) The penalty for the violation of any of the provisions of this regulation shall be as provided by law.
History
Pursuant to Sections 9-11-321 and 9-11-323 Code of Ala. 1975, it shall be unlawful for any person, firm or corporation permitted under Section 9-11-324 Code of Ala. 1975, to possess wildlife for public exhibition purposes except in accordance with this regulation.
(1) For the purpose of this regulation wildlife shall be classified as follows:
(a) Class I - Wildlife which, because of its nature, habits, or status, requires the exhibitor to possess exceptional knowledge and facilities to ensure the safety of the public and the comfort and well-being of the animal.
Chimpanzees (genus Pan)
Gorillas (genus Gorilla)
Gibbons (genus Hylobates)
Drills and mandrills (genus Mandrillus)
Orangutans (genus Pongo)
Baboons (genus Papaio)
Macaques (genus Macaca)
Siamangs (genus Symphalangus)
Gelada baboons (genus Theropithecus)
Celebes black apes (genus Colobus)
Snow leopards (Panthera uncia)
Leopards (Panthera pardus)
Jaguars (Panthera onca)
Tigers (Panthera tigris)
Lions (Panthera leo)
Bears (family Ursidae)
Rhinoceros (family Rhinocerotidae)
Elephants (family Elephantidae)
Hippopotamuses (family Hippopotamidae)
Cape buffalos (Syncerus caffer caffer)
Crocodiles (except dwarf and Congo) (family Crocodilidae)
Gavials (family Gavialidae)
Black caimans (Melanosuchus niger)
Komodo dragons (Varanus komodoensis)
Hyenas (all species) (family Hyaenidae)
Wolves (Canis sp.)
Clouded leopards (Neofelis nebulosa)
Cheetahs (Acinonyx jabatus)
Cougars, panthers (Puma concolor)
Alligators (family Alligatoridae)
African hunting dogs (Lycaon pictus)
Venomous reptiles
(b) Class II - Wildlife which poses a real or potential threat to human safety
Howler monkeys (genus Alouatta)
Uakaris (genus Cacajao)
Mangabeys (genus Cercocebus)
Guenons (genus Ceropithecus)
Bearded sakis (genus Chiropotes)
Guereza monkeys (genus Colobus)
Idris (genus Indri)
Langur (genus Presbytis)
Douc langur (genus Pygathrix)
Snub-nosed langur (genus Phinopithecus)
Proboscis monkeys (genus Nasalis)
Servals (Leptailurus serval)
European and Canadian lynx (Lynx lynx)
Bobcats (Lynx rufus)
Caracals (Caracal caracal)
African golden cats (Profelis aurata)
Temminck's golden cats (Profelis temmincki)
Fishing cats (Prionailurus viverrina)
Ocelots (Leopardus pardalis)
Coyotes (Canis latrans)
Asiatic jackals (Canis aureus)
Black-backed jackals (Canis mesomelas)
Side-striped jackals (Canis adustus)
Indian dholes (Cuon alpinus)
Wolverines (Gulo gulo)
Honey badgers (Mellivora capensis)
American badgers (Taxides taxus)
Old World badgers (Meles meles)
Binturongs (Arcitictis binturong)
Dwarf crocodiles (Osteolanemus tetraspis)
Cassowary (Casuarius spp.)
Caimans
(c) Any hybrids of Class I and II wildlife shall be listed in the Class of the more restrictive parent
(d) Class III. All other wildlife not included in Class I or Class II
(2) Qualification Requirements for Permit to Exhibit Wildlife:
(a) Applicants for permit to exhibit wildlife must be at least 21 years of age.
(b) Applicants shall not have been convicted, after the effective date of this regulation, of any violation of captive wildlife regulations, any offense involving the illegal commercialization of wildlife, any offense involving the illegal importation of prohibited species, or offenses involving cruelty to animals.
(c) For Class I or II wildlife, applicants shall be licensed by USDA and demonstrate no less than one (1) year of substantial practical experience (to consist of no less than 1000 hours) in the care, feeding, handling and husbandry of the species for which the permit is sought, or other species, within the same biological order (except ratites which shall be in the same biological sub-order) which are substantially similar in size, characteristics, care and nutritional requirements to the species for which the permit is sought. Two years of documented educational experience in zoology or other relevant biological sciences, obtained at the college or technical school level or above may substitute for 500 hours or six (6) months of required practical experience.
(d) For Class III wildlife, applicants shall demonstrate no less than six (6) months of substantial practical experience (to consist of no less than 500 hours) in the care, feeding, handling and husbandry of the species for which the permit is sought, or other species, within the same biological order (except ratites which shall be in the same biological sub-order) which are substantially similar in size, characteristics, care and nutritional requirements to the species for which the permit is sought. One year of documented educational experience in zoology or other relevant biological sciences, obtained at the college or technical school level or above may substitute for 250 hours or three (3) months of required practical experience.
(e) For purposes of demonstrating compliance applicants shall submit documentation of such experience, including;
A description of the specific experience acquired.
The dates the experience was obtained and the specific location(s) where acquired,
(f) In lieu of the required experience, applicants for any class wildlife may satisfactorily complete an examination administered by the Division of Wildlife and Freshwater Fisheries that assesses the applicant's knowledge of general husbandry, nutritional, and behavioral characteristics.
Arrangements must be made with the Division as to time and place where the test will be given.
Scoring - There will be a maximum of 100 questions on the test and each will have equal value. The point value will be announced before the test. A score of 80% correct will be satisfactory.
No copies of the test questions can be taken from the testing area by the person taking the test.
The test will be scored immediately and the applicant will be notified of the score.
If the applicant fails to pass the test, he may request to retake the test at a later date.
There shall be at least ten days between tests.
The test may be taken a maximum of three times per calendar year.
(g) Applicants must demonstrate that the conditions under which the wildlife will be held shall not constitute a threat to the public or to the animal.
(3) General Regulations Governing Exhibit of Captive Wildlife
(a) No permittee shall exhibit captive wildlife in any unsafe or unsanitary condition, or in a manner which results in threats to public safety, or the maltreatment or neglect of such wildlife.
(b) Breeding of native species protected by Alabama law or regulation is prohibited except by special permit issued by the Division. No permit will be issued which allows the sale or transfer of native protected species to persons other than licensed exhibitors.
(c) Permittee shall submit to the Division an accurate inventory of all stock and maintain a record of inventory changes caused by births, deaths, escapes, sales, purchases or other causes.
(d) Permittee shall notify the Division of the origin, species and number of animals at least 10 days prior to importing any member of the Cervidae family into Alabama from any area outside the state.
(e) No member of the Cervidae family may be imported into Alabama from any state or area where Chronic Wasting Disease (CWD) has been found to exist.
(f) Sick animals, new arrivals or animals of unknown disease status shall be quarantined until a licensed veterinarian determines said animals to be free of contagious disease.
(g) Upon notification by authorized Division personnel of a documented disease risk, not remove from any facility any animals alive or dead until approved by authorized Division personnel.
(h) The possession of any state or federally threatened or endangered species is permitted only when such species have been legally obtained in the state or country of origin.
(i) No permittee may possess wildlife taken from the wild in Alabama except as provided for by statute, regulation, or permit.
(j) Unconfined captive wildlife shall be maintained under rigid supervision and control, so as to prevent injuries to members of the public. No captive wildlife shall be tethered outdoors unsupervised.
(k) Permittee shall notify the Department immediately upon discovery of the escape of any wildlife.
(l) Permittee shall notify the Department within 24 hours of any animal attacking a human.
(4) Location of Facilities
(a) Applicants for permits to possess wildlife for exhibit shall identify the location of each facility by physical address at which captive wildlife shall be maintained.
(b) Allow inspection of stock, facilities and records prior to issuance of the permit and at all other reasonable times by agents authorized by the Division.
(c) Each facility, its cages and enclosures shall be constructed and maintained in compliance with all county ordinances and, if within a municipality, municipal ordinances.
(d) No permitted facility shall be located on property zoned for residential use only. This paragraph shall not apply to those facilities permitted prior to the effective date of this regulation.
(e) No facility permitted for Class I or II mammals shall be located on less than five (5) contiguous acres of property owned or leased by the permit holder. Any facility housing Class III wildlife must be located on no less than 2.5 contiguous acres owned or leased by the permit holder. Exemption to the land area requirement may be granted by special permit from the Division.
(f) Permit holders must notify the Division of any changes in size or location of such facility at least 30 days in advance of any such changes.
(5) Security and Structural Requirements for facilities housing Class I or II Wildlife. Class I and II mammals shall be caged in accordance with the following requirements and meet the minimum housing standards described in paragraph 10:
(a) The facility shall have a buffer zone of not less than 35 feet between the caging and the facility property line.
(b) Caging shall be bounded by a perimeter fence of not less than eight (8) feet in height, constructed of not less than 111/2 gauge chain link or equivalent strength material and a minimum of three (3) feet from cages holding animals, or such other fencing, building or other protection of the enclosure where the animal is kept, sufficient to deter entry by the public, and also to prevent escape from the property of any wildlife that may escape the primary caging. Perimeter fencing around Class II mammals may angle in to the top of the caging from a height of at least four feet. All gates to such perimeter fence shall be locked. Permit holders as of the effective date of this regulation shall be granted an exemption for existing perimeter fencing. All new perimeter fence construction after the effective date of this regulation must meet the requirements set forth in this paragraph.
(c) All cages or enclosures of Class I and II wildlife shall be locked. Class I or II mammals shall not be kept in uncovered enclosures that are less than 1000 square feet, except as specified.
(d) All cages containing Class I or II mammals shall be constructed with a den, nest box or other connected housing unit that can be closed off and locked with the animal inside for the safe servicing and cleaning of the open area. In lieu of a nest box, a divided cage with a door between the two compartments may be used. No entry into cages containing Class I or II mammals shall be allowed without first locking the animal into the den, nest box or other connected housing.
(e) All cages or enclosures constructed of chain link or other approved materials shall be well braced and securely anchored at or below ground level to prevent escape by digging or erosion. Cages shall be constructed using steel clamps, steel ties or steel braces of equivalent strength as the material required for cage construction for the particular species. See species listings below for additional requirements.
(f) A temporary variance for the provisions of paragraph 5 may be issued upon application to the Division for juveniles of Class I or II species less than 25 pounds and less than three months of age. Adequate safeguards must be taken to prevent escape or potential injury to the animal or public.
(6) Security and Structural Requirements for Class III Wildlife
(a) All cages or enclosures of Class III animals shall be locked.
(b) Class III mammals: 14 gauge wire or strength equivalent material. All cages or enclosures containing wildlife with the potential to escape by digging shall be constructed of chain link or other approved materials and shall be well braced and securely anchored at or below ground level to prevent escape by digging or erosion. Cages shall be constructed using steel clamps, steel ties or steel braces of equivalent strength as the material required for cage construction for the particular species. See species listings below for additional requirements.
(7) Safety Requirements for Animals on Display:
(a) A management plan detailing safety measures for both humans and animals maintained at each facility housing Class I or II wildlife. Appropriate safety precautions shall be provided in the plan to account for any emergency. A first-aid kit and fire extinguisher must also be held close to where the animals are maintained.
(b) Applicants for permit to exhibit Class I or II wildlife shall submit with the permit application a written plan of action for use in the following emergencies:
Animal attacking and/or injuring humans: Plans shall include a list of safety equipment such as fire extinguishers, darting equipment, and pepper spray, or lethal control measures which will be available for use.
Escape of an animal from its enclosure: Recapture plans shall outline procedures for handling and recapturing escaped Class I or II wildlife.
Sickness or injury of an animal: the name, address, phone number and signature of the veterinarian who has agreed to care for the animal must be provided.
Natural Disasters: Plans shall outline procedures for handling, moving and recapturing escaped Class I or II wildlife.
(8) Husbandry Requirements
(a) The following guidelines shall be used to meet the sanitation and nutritional needs of any wildlife held under this permit:
Nutrition: Food suitable for the particular species shall be provided in a manner which is consistent with the species requirements to maintain good health and to encourage the natural feeding behaviors of the species. Sufficient feeding sites shall be provided to cater for all specimens in an enclosure. For example, dominant primates may monopolize feeding sites and to prevent this, food shall be cut small and scattered around the enclosure. Diets shall be complete and balanced and food items provided in quantities necessary for growth and the maintenance of healthy body condition. Animal species which are regarded as grazing species shall have daily access to permanent pasture or be supplemented with fresh greens or pasture derivatives, for example hay.
Food Storage: All fresh and dry food items shall be kept in suitable storage areas. Refrigerators and freezers shall maintain fish, meat and vegetables at the appropriate temperature. Grains and pellets shall be kept dry and food containers shall be labeled and the shelf life of the contents monitored.
Water: Clean, cool water shall be available at all times. Daily water changes are necessary to maintain optimal water quality for aquatic species and to prevent contamination of the animal's captive environment. Water containers shall not be located in direct sunlight and shall be designed to suit the animals' needs which may include swimming, sloughing, wallowing, bathing and drinking.
Hygiene: Animal holding facilities shall be cleaned daily. Pens shall be well drained to prevent standing water. Cages or enclosures with dirt floors shall be raked a minimum of once every three days and all waste material shall be removed. Hard floors must be cleaned daily. Sick or injured animals shall be removed from public viewing areas into isolation or treatment facilities supervised by the veterinarian.
Health: A program to monitor the health and well being of animals shall be implemented and overseen by a veterinarian. A preventive medicine program shall be designed and implemented to protect animals from disease. Primates in particular are vulnerable to many human diseases and their exposure to people with common complaints such as colds and influenza shall be avoided.
Euthanasia: This is the responsibility of the veterinarian and shall be performed at the discretion of the veterinarian in consultation with the permit holder. The preferred method of euthanasia is barbiturate overdose and this method shall be used unless otherwise authorized by the Division.
(9) Standard Caging Requirements for Captive Wildlife
(a) Definitions - Where specified in this section, wildlife cages and enclosures shall be equipped to provide for the protection and welfare of the animals. Such equipment includes, but is not limited to:
Shelter: A structure which shall provide protection from the elements and from extremes in temperature. Such structures may vary in size depending on the security and biological needs of the species. When vegetation and landscaping is available to serve as protection from the elements, access to a shelter shall also be provided during inclement weather conditions. Such shelter shall be attached to or adjacent to the habitat or enclosure.
Paddock: Area enclosed by fencing, railing or other Department approved structures which allow animals to graze or browse.
Nest box/den: An enclosed shelter that provides a retreat area within, attached to, or adjacent to a cage or enclosure of specified size, which shall provide protection from the elements and from extremes in temperature. The doors to nest or den boxes must be able to be operated from outside the facility.
Elevated platform/perching area: A surface or structure, either natural or manmade positioned above the floor, or above the grade level of the cage or enclosure, that will provide a resting area for the animal(s).
Gnawing and chewing items: Natural or artificial materials that provide for the health of teeth so as to keep teeth sharp, wear down enamel, promote general oral hygiene. Gnawing items include, but are not limited to, logs and trees. Chewing items include, but are not limited to, woody stems, knuckle bones, and rawhide objects; suitability dependent upon species.
Devices for stimulation or manipulation: Each cage or enclosure shall have appropriate devices to provide physical stimulation or manipulation compatible with the species. Such devices shall be non-injurious, and may include, but are not limited to, tree branches, logs, digging areas, pools, pvc pipes, boxes, balls, mirrors, foraging items, etc.
(b) Cages or enclosures housing captive wildlife shall be sufficiently strong to prevent escape and to protect the caged animal(s) from injury, and shall be equipped with structural safety barriers to prevent any physical contact with the caged animal(s) by the public. Animals on display or being transported must also be protected from human harassment and attack by other animals. Except as specified below, all cages or enclosures less than one thousand square feet shall be covered at the top to prevent escape and also to exclude predators. Adjacent cages shall be far enough apart to prevent one animal from causing injury to another.
(c) Any cage or other enclosure which contains more than two individual chimpanzees, gorillas or orangutans must be enlarged by 50% for each additional animal. Cages or enclosures containing all other species must be enlarged by 25% for each additional animal.
No captive wildlife shall be confined in any cage or other enclosure which is smaller in dimension than as specified in this section, or is not equipped as specified in this section, except as authorized in accordance with the following: Requests for deviations from standard caging or enclosure requirements may be granted to allow for different size configuration (length, width and height) if the required square footage is adequate and if the locomotory needs of the animal(s) are not compromised. Any proposed deviations from the standard caging or enclosure requirements, or proposals to use wet or dry moats to substitute for fencing, shall be approved in writing by the Division prior to the use of the cage or enclosure for housing animals.
Permit holders as of the effective date of this regulation shall be granted an exemption for existing caging.
All new cage construction after the effective date of this regulation must meet the materials, height and square footage specifications.
(d) Wildlife may be temporarily housed in cages or enclosures smaller than the sizes set forth under this regulation, only under the following circumstances:
For transport.
For Veterinarian care or quarantine may be temporarily caged or housed in smaller cages or enclosures for a period not to exceed 60 days. With written notification to the Department, this period may be extended in circumstances where a licensed veterinarian has certified that a longer holding period is medically necessary in the interests of health, safety and welfare of the subject animal or public.
For juveniles of any species until weaned from the mother or bottle.
By special permit from the Department.
(10) Minimum Housing Requirements by Species:
(a) Lions, tigers, jaguars, leopards, cheetahs, cougars and bears: For one to two animals, a cage 480 square feet, 8 feet high.
Outdoor cages for lions and tigers over 1,000 square feet (uncovered) shall have vertical jump walls at least 10 feet high, with a 2-foot, 45 degree, inward angle overhang or jump walls at least 12 feet high, without an overhang. Vertical walls shall be constructed with a minimum of 9 gauge chain link or equivalent strength material. The inward angle fencing shall be constructed with a minimum of 11 1/2 gauge chain link or equivalent strength material. Wet or dry moats may be substituted for the required fencing provided prior approval has been obtained in writing from Division.
Outdoor cages for bears over 1,000 square feet (uncovered) shall have vertical jump walls at least 10 feet high, with a 4-foot, 45 degree, inward angle overhang. Vertical walls shall be constructed with a minimum of 9 gauge chain link or equivalent strength material. The inward angle fencing shall be constructed with a minimum of 11 1/2 gauge chain link or equivalent strength material.
Leopards, cougars and jaguars shall not be kept in uncovered enclosures. Cages containing Leopards and jaguars shall be constructed with a minimum of 9 gauge chain link or equivalent strength material. Cages containing cougars shall be constructed with a minimum of 11 1/2 gauge chain link or equivalent strength material.
Required Cage Furnishings: Den boxes and elevated platform(s) that will accommodate all animal(s) simultaneously; devices to provide physical stimulation or manipulation compatible with the species, such as boxes, balls, bones, barrels, drums, foraging items, etc. Several logs for clawing, climbing, etc. shall be provided.
Bears and tigers require a 4 foot by 6 foot pool, 2 feet deep or a 100 gallon tub or larger for each animal in the cage.
(b) Gray wolf, red wolf, coyote: For one to two animals, a cage 288 square feet, 8 feet high with concrete footings or buried wire mesh to prevent escape by digging. Outdoor cages over 1,000 square feet (uncovered) shall have vertical jump walls at least 8 feet high with a 45 degree, inward angle overhang 2 feet wide or, jump walls 10 feet high without an overhang. Vertical walls shall be constructed with a minimum of 11 1/2 gauge chain link or equivalent strength material.
(c) Bobcats, lynx, badgers, servals, ocelots, jaguarundis, leopard cats, grey fox, red fox: For one to two animals, a cage 72 square feet, 6 feet high. Foxes and badgers require concrete footings or buried wire mesh to prevent escape by digging.
Required Cage Furnishings: Den boxes of appropriate size that will accommodate all animals simultaneously; non-injurious devices to provide physical stimulation or manipulation such as tree branches, boxes, balls, bones and other chewing items, barrels, drums, foraging items, etc.
For climbing animals: a climbing tree with 3 or more 4-inch diameter branches shall be available for each animal; a 14-inch by 36-inch protected shelf area shall be provided for each animal, situated at least 3 feet above the floor.
For non-climbing animals: several logs shall be provided, as well as protected shelf areas at no more than 1 foot above ground level.
Badgers require gnawing items, and an area of clean soil of sufficient depth to provide for digging.
(d) Fennec fox, raccoons, coati-mundis, kinkajous, cacomistles, and other species of the same families: For one to two animals, a cage 48 square feet, 6 feet high. Foxes and badgers require concrete footings or buried wire mesh to prevent escape by digging.
Required Cage Furnishings: Den boxes of appropriate size that will accommodate all animals simultaneously; non-injurious devices to provide physical stimulation or manipulation such as tree branches, boxes, balls, bones and other chewing items, barrels, drums, foraging items, etc.
For climbing animals: a climbing tree with 3 or more 4-inch diameter branches shall be available for each animal; a 14-inch by 36-inch protected shelf area shall be provided for each animal, situated at least 3 feet above the floor.
For non-climbing animals: several logs shall be provided, as well as protected shelf areas at no more than 1 foot above ground level.
(e) River otters, beavers: For one or two animals, a cage 256 square feet, 6 feet high. Each cage shall have an 8 foot by 8 foot pool of clean water, 3 feet deep.
Required Cage Furnishings: Otter must have a variety of climbing surfaces, a slide, and a dry place with nest box for sleeping and retreat; noninjurious devices to provide physical stimulation or manipulation boxes, balls, bones and other chewing items, barrels, logs, drums, foraging items, etc.
Beavers must have a well-drained den box of appropriate size to accommodate all individuals simultaneously; Bark-covered branches must be available at all times for gnawing.
(f) Smaller aquatic animals such as mink, muskrat and nutria: For one or two animals, a cage 36 square feet, 6 feet high.
Required cage furnishings: a pool 2 feet by 4 feet, 2 feet deep; den boxes of appropriate size to accommodate all individuals simultaneously; gnawing material and chewing material.
Mink require a tree for climbing, and an elevated shelf for loafing.
(g) Ferrets, weasels, skunks, prairie dogs, woodchucks, armadillos, squirrels and rabbits:
For one or two animals, a cage 36 square feet, 6 feet high.
Required cage furnishings: nest boxes that will accommodate all animals simultaneously; gnawing items; chewing items; non-injurious devices to provide physical stimulation or manipulation compatible with the species, such as branches, logs, boxes, balls, PVC tubing, etc.
Arboreal squirrels require a nest box, elevated 5 feet off the ground, of appropriate size to accommodate all individuals simultaneously; a central climbing tree with at least 3-inch branches and appropriate gnawing items.
Armadillos, prairie dogs, and woodchucks require concrete footings or buried wire mesh to prevent escape by digging, and an area of clean soil of sufficient depth to provide for digging.
(h) Cervidae: For one or two animals, a paddock enclosing 1000 square feet, 8 feet high.
(i) Equidae and Camelids: For one or two animals, a paddock enclosing 1000 square feet
(j) Small Primates such as bush babies, loris, mouse lemurs, tamarins, marmosets and squirrel monkeys: For one or two animals, a cage 36 square feet, 6 feet high. Each cage shall have a heated indoor enclosure with wooden perching shelves large enough to accommodate all individuals. Heat must be provided if the temperature falls below 45 degrees Fahrenheit.
Required cage furnishings: Each cage shall have perching area(s) and nest box(es) that will accommodate all animals in the enclosure simultaneously. Each cage shall also have tree branches and other climbing apparatus and devices to provide physical stimulation or manipulation compatible with the species, such as boxes, balls, mirrors, foraging items, etc.
Outdoor facilities - Construction material shall consist of 14-gauge, 1/2" mesh fencing or equivalent to prevent escape and provide protection from predators. If a larger mesh is used, the cage must be lined with a second layer of 1/2" hardware cloth to prevent injuries caused by predators reaching into the cage.
Indoor facilities - Potential escape routes shall be equipped with wire or grating not less than 14 gauge or equivalent.
(k) Medium-sized lemurs such as ruffed, cata, gentle, and new world monkeys such as capuchins, sakis, uakaris, and other family members: For one or two animals, a cage 49 square feet, 6 feet high. Each cage shall have a heated indoor enclosure with wooden perching shelves large enough to accommodate all individuals. Heat must be provided if the temperature falls below 45 degrees Fahrenheit. Cages shall be constructed with a minimum of 11 1/2 gauge chain link or equivalent strength material.
Required cage furnishings: Each cage shall have perching area(s) and nest box(es) that will accommodate all animals in the enclosures simultaneously. Each cage shall also have tree branches and other climbing apparatus and devices to provide physical stimulation or manipulation compatible with the species, such as boxes, balls, mirrors, foraging items, etc.
Outdoor facilities - Construction material shall consist of not less than 11-1/2-gauge chain link or equivalent.
Indoor facilities - Potential escape routes shall be equipped with wire or grating not less than 11-1/2 gauge or equivalent.
(l) Large prosimians such as sifakas, and indris, large arboreal monkeys such as howlers, spiders, and woolly, and large old world monkeys such as macaques, guenons, mangabeys, colobus, and other family members: For one or two animals, a cage 256 square feet, 12 feet high. Each cage shall have a heated indoor enclosure with wooden perching shelves large enough to accommodate all individuals. Heat must be provided if the temperature falls below 45 degrees Fahrenheit. Cages shall be constructed with a minimum of 11 1/2 gauge chain link or equivalent strength material.
Required cage furnishings: Each cage shall have perching area(s) and nest box(es) that will accommodate all animals in the enclosures simultaneously. Each cage shall also have tree branches and other climbing apparatus and devices to provide physical stimulation or manipulation compatible with the species, such as boxes, balls, mirrors, foraging items, etc.
Outdoor facilities - Construction material shall consist of not less than 11-1/2-gauge chain link or equivalent.
(m) Baboons, mandrills and drills: For one or two animals, a cage 400 square feet, 8 feet high. Each cage shall have a heated indoor enclosure with wooden perching shelves large enough to accommodate all individuals. Heat must be provided if the temperature falls below 45 degrees Fahrenheit. Cages shall be constructed with a minimum of 9 gauge chain link or equivalent strength material.
Required cage furnishings: Each cage shall have perching area(s) and shelter(s) that will accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal climbing logs and tree branches and devices to provide physical stimulation or manipulation compatible with the species, such as boxes, balls, mirrors, foraging items, etc.
Outdoor facilities - Construction material shall consist of not less than 9-gauge chain link or equivalent.
(n) Gibbons and siamangs: For one or two animals, a cage 900 square feet, 12 feet high. Each cage shall have a heated indoor enclosure with wooden perching shelves large enough to accommodate all individuals. Heat must be provided if the temperature falls below 45 degrees Fahrenheit. Cages shall be constructed with a minimum of 9 gauge chain link or equivalent strength material.
Required cage furnishings: Each cage shall have perching area(s) and shelter(s) that will accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal bars across the cage at least 8 feet above the ground, and tree branches and other climbing apparatus and devices to provide physical stimulation or manipulation compatible with the species, such as boxes, balls, mirrors, foraging items, etc.
Outdoor facilities - Construction material shall consist of not less than 9-gauge chain link or equivalent.
Indoor facilities - Potential escape routes shall be equipped with wire or grating not less than 9-gauge or equivalent.
Wet or dry moats may be substituted for the required fencing with the written approval of the Division. For island exhibits, wet moats shall be used that are no less than 24 feet wide, with 50 percent of the water having a depth twice the height of the tallest animal.
(o) Chimpanzees, gorillas and orangutans: For one or two animals, a cage 900 square feet, 10 feet high. For each additional animal, increase cage size by 50 percent of original floor area. Each cage shall have a heated indoor enclosure with wooden platforms or perching shelves large enough to accommodate all individuals. Heat must be provided if the temperature falls below 45 degrees Fahrenheit.
Required cage furnishings: Each cage shall have perching area(s) and shelter(s) horizontal climbing apparatus, tree branches and other climbing apparatus and devices to provide physical stimulation or manipulation compatible with the species, such as boxes, balls, mirrors, foraging items, etc.
For gorillas: Each cage shall have a platform(s) large enough to accommodate all animals simultaneously; such platform (s) shall be elevated three feet.
Outdoor facilities - Cage construction materials shall consist of steel bars at least 1 inch in diameter, two-inch galvanized pipe, masonry block or their equivalent.
Indoor facilities - In rooms where the wildlife is maintained, potential escape routes shall be equipped with steel bars at least 1 inch in diameter, two-inch galvanized pipe or their equivalent.
Wet or dry moats may be substituted for the required fencing with the written approval of the Division. For island exhibits, wet moats shall be used that are no less than 24 feet wide, with 50 percent of the water having a depth twice the height of the tallest animal.
(11) Association of Zoos and Aquariums Accreditation
(a) The other provisions of this regulation notwithstanding, current accreditation of an exhibitor by the Association of Zoos and Aquariums (AZA) shall be accepted as full compliance with all provisions of this regulation.
(12) The penalty for the violation of any provision of this rule shall be as provided by Section 9-11-327, Code of Ala. 1975.
History
History
It shall be unlawful for any person, firm or corporation licensed under 9-11-30 or 9-11-261, or any buyer or recipient from any of such persons, to knowingly or intentionally release any captive raised member of the family Cervidae into the wild except those areas bounded by enclosures which effectively restrict the egress of such animals.
History
For the purposes of Section 9-11-244, Code of Ala. 1975, and Rule 220-2-.11, Alabama Administrative Code, as it applies to the hunting of deer and feral swine, there shall be a rebuttable presumption that any bait or feed (as defined in Section 9-11-244) located beyond 100 yards from the hunter and not within the line of sight of the hunter, is not a lure, attraction or enticement to, on or over the area where the hunter is attempting to kill or take the deer or feral swine. For the purpose of this regulation, "not within the line of sight" means being hidden from view by natural vegetation or naturally occurring terrain features. This regulation shall not apply on public lands.
History
(1) An experimental one-year commercial fishing season for paddlefish (Polyodon spathula) is hereby established for one area in Guntersville Reservoir, Alabama, in 2017, as provided for below. This area is hereafter referred to as a Paddlefish Management Area (PMA), and is hereby established as, and shall constitute, a special fishery "wildlife management area", in accordance with Sections 9-11-300 and 9-11-301 of the Code of Ala. 1975. This PMA will occur in the upper portion of Guntersville Reservoir in Jackson County, as described below. These rules shall govern according to the following restrictions and regulations:
(2) Location.
(a) Upper Guntersville Reservoir Paddlefish Management Area (UGR) (Jackson County) : The public waters of the mainstem portion (tributaries excluded) of the Tennessee River (Upper Guntersville Reservoir) from TRM 414.5 (34.9532382°N 85.7019227°W) to TRM 385.9 (34.6402099°N 85.9757707°W). This is from the railroad bridge at Bridgeport that crosses Long Island to the HWY 35 Bridge at Scottsboro. A total of 28.6 river miles will be open for commercial harvest of paddlefish.
(3) Season.
(a) UGR: March 6 (Monday) - March 21 (Tuesday), 2017. Weekend (Saturday and Sunday) commercial paddlefish fishing is not permitted.
(4) Fishing Hours.
(a) UGR: Gill nets can be set, checked, and handled between legal sunrise and sunset hours; Monday - Friday. Gill nets can be set overnight; however, it is illegal to set, check, or handle gill nets between legal sunset and sunrise hours. Gill nets must be removed from the water by legal sunset hour each Friday.
(5) Persons Eligible. Due to the need for the Alabama Division of Wildlife and Freshwater Fisheries (ADWFF) to collect reliable fishery-dependent harvest data from this experimental one-year season, only Alabama residents and non-residents that have held a valid paddlefish harvester permit for the previous 2013 through 2016 Alabama River Paddlefish Management Area seasons are eligible to enter the drawing for a separate harvester permit for the UGR Paddlefish Management Area. Not less than fifty percent (50%) of the available permits shall be made available to eligible Alabama residents. In no event shall the percentage of available permits for nonresidents of any other state exceed any percentage restriction placed on that state's nonresidents to commercially harvest paddlefish in that state.
(6) Harvest Permits. The following permits and tags are established and required to commercially harvest paddlefish in Alabama:
(a) Alabama Residents. Commercial Paddlefish Harvester Permit [$750.00]. This permit is required for the holder to fish and take paddlefish in a designated paddlefish management area for the purpose of harvesting flesh and roe during designated commercial paddlefish seasons. This permit also allows one commercial fishing helper per permit holder. An Alabama Commercial Freshwater Fishing License is required in addition to the Commercial Paddlefish Harvester Permit to harvest and possess paddlefish.
(b) Nonresidents. Nonresident Commercial Paddlefish Harvester Permit - The cost for the permit will be same as what the applicant's State of residency would charge an Alabama resident to commercially fish for paddlefish in that State but in no event shall the cost be less than the fee charged to a resident of Alabama. This permit is required for the holder to fish and take paddlefish in a designated paddlefish management area for the purpose of harvesting flesh and roe during designated seasons. This permit also allows one commercial fishing helper per permit holder. An Alabama Commercial Freshwater Nonresident Fishing License is required in addition to the Nonresident Commercial Paddlefish Harvester Permit to harvest and possess paddlefish.
(c) Carcass Tags. It shall be required that all harvested paddlefish possess an Alabama Division of Wildlife and Freshwater Fisheries (ADWFF) issued serial tag attached through the dorsal fin. Paddlefish harvesters will tag each harvested paddlefish after the fish is removed from the net and placed in their fishing vessel. The tag is to remain on the fish until the flesh is processed and packaged for retail sale.
(7) Dealer's Licenses. (Required by Section 9-11-153, Code of Ala. 1975, as amended by Act No. 2012-471).
(a) Alabama Residents. Commercial Paddlefish Dealer's License [$750.00]. This license is required of every resident person, firm, association, or corporation to buy, sell, process, or ship paddlefish roe or flesh acquired from a permitted paddlefish harvester. Any employee or agent of a dealer shall be required to possess a copy of the dealer license, signed by the dealer, at all times he is performing any activities pursuant to such license. This license is not required for a permitted paddlefish harvester to sell or ship within Alabama paddlefish roe or flesh that the harvester has caught, to an Alabama licensed commercial paddlefish dealer. An Alabama wholesale freshwater fish dealer license is required in addition to the Commercial Paddlefish Dealer's License to buy, process, sell, or ship paddlefish roe and flesh.
(b) Nonresidents. Commercial Paddlefish Dealer's License-The cost for this license will be same as what the applicant's State of residency would charge an Alabama resident to buy, sell, process, or ship paddlefish roe or flesh within that State but in no event shall the cost be less than the fee charged to a resident of Alabama. This license is required of every nonresident person, firm, association, or corporation to buy, sell, process, or ship paddlefish roe or flesh acquired from a permitted paddlefish harvester. Any employee or agent of a dealer shall be required to possess a copy of the dealer license, signed by the dealer, at all times he is performing any activities pursuant to such license. This license is not required for a permitted paddlefish harvester to sell or ship within Alabama paddlefish roe or flesh that the harvester has caught, to an Alabama licensed commercial paddlefish dealer. An Alabama wholesale freshwater fish dealer license is required in addition to the Commercial Paddlefish Dealer's License to buy, process, sell, or ship paddlefish roe and flesh.
(8) Size Limit.
(a) The minimum length to possess and harvest paddlefish is 38" (965.2 mm) eye-to-fork (EFL) and only egg-bearing females are legal. The EFL is the length from the anterior portion of the eye (front of eye) to the fork of the tail measured with a flexible tape measured along curvature of the body. The possession and harvest of any male paddlefish, female paddlefish with no eggs, and female paddlefish under 38" EFL is prohibited.
(b) Prior to sale to a commercial paddlefish dealer, paddlefish carcasses may not be altered in a manner that the length of the fish cannot be determined. If a paddlefish has been altered to not allow the minimum length determination, then the carcass and roe are subject to confiscation.
(9) Applications.
(a) Commercial paddlefish harvester permit applications for all of the 2017 Paddlefish Management Areas will automatically be sent to all commercial freshwater fishers who held an Alabama commercial freshwater fishing license from October 1, to September 30, of the previous year. Eligible nonresident commercial freshwater fishers that wish to apply for an Alabama commercial paddlefish permit may obtain the necessary forms and information by contacting ADWFF at (334) 242-3471.
(b) A total of 5 separate eligible applicants will be randomly selected for the opportunity to purchase a permit for the UGR Paddlefish Management Area.
(c) Commercial paddlefish harvester permits are non-refundable and non-transferable.
(10) Mandatory Training Course. All permitted commercial paddlefish harvesters will be required to attend a pre-season briefing and instruction meeting prior to the paddlefish fishing season. This meeting will be held for commercial paddlefish harvester permit holders with the date, time, and location to be announced prior to the season opening. This meeting will only be open to valid commercial paddlefish harvester permit holders and not to the public. Each commercial paddlefish harvester permit will be endorsed by a fisheries biologist after the meeting. This endorsement is required and must be shown to a Conservation Officer or ADWFF fisheries biologist if requested.
(11) Designated Boat Ramp and Mandatory Check Station.
All commercial paddlefish harvesters and helpers can only launch and take out from the designated boat ramp and all harvested fish are to be checked by an ADWFF biologist before the fish is processed at the following designated ramp:
(a) UGR Paddlefish Management Area.
(12) Gear and Fishing Restrictions: UGR Paddlefish Management Area .
(a) Paddlefish may only be harvested by the use of gill nets, as provided for below.
(b) A gill net (may be referred to hereafter within as "net" or "nets") is defined as a single net attached to float and lead lines.
(c) The use of tied-down gill nets (hobbled) is prohibited.
(d) The use of monofilament and multifilament (nylon) nets are permitted.
(e) The maximum number of gill nets permitted to fish concurrently is five and only five gill nets may be in possession on the water and during commercial paddlefish fishing.
(f) The use of mechanical gear (rollers) to deploy and retrieve gill nets is permitted.
(g) A fluorescent orange float is required on each float end. The float size must be approximately the size of a 1-gallon milk container or similar to a bullet-type float measuring 5" in diameter and 11" in length.
(h) Total length of each gill net cannot exceed 300 feet.
(i) There is no restriction on gill net depth.
(j) Gill nets must have a minimum mesh size of 6-inch bar measure (knot to knot).
(k) Gill nets (i.e., beginning with the float line) must be submerged three feet or more beneath the surface. Clip on floats (buoys) are not considered part of the net for depth purposes only.
(l) Gill nets must be checked at least 2 times in a 24-hour period to prevent bycatch mortality.
(m) The "tying up" of any harvested paddlefish to a tree or limb is prohibited.
(n) A large live well is permitted if the harvesters wish to keep the fish alive while on the water.
(o) All harvested paddlefish must be kept in the harvester's boat until they reach land for processing.
(p) Paddlefish eggs may not be removed outside of the fish's body cavity while on the water or adjacent bank. Eggs can only be removed at the boat ramp (on land) or processing facility after the fish has been checked by a ADWFF fisheries biologist.
(q) No processed paddlefish and/or eggs outside of the body cavity can be in possession while on the water.
(r) A 12-gauge needle may be inserted into the abdomen between the pectoral and pelvic fins to determine the presence of eggs in paddlefish over 38 inch EFL. Paddlefish may be checked once with a needle on either side of the abdomen for a total of 2 times per paddlefish season. Repeated checking of paddlefish is not permitted. This needle and syringe device must be on board every commercial paddlefish harvester fishing vessel and kept in a sanitary manner. Paddlefish less than 38 inch EFL must be returned immediately to the water without being checked. It shall be illegal to harvest or possess any paddlefish with more than 2 punctures.
(s) A 2-inch portion of ovary (including some eggs) must remain attached to each harvested paddlefish until the fish and eggs are received by a licensed commercial paddlefish dealer.
(t) Paddlefish eggs removed from the fish must be kept in separate containers-eggs from one fish per container. Each container must be labeled with the paddlefish tag number and as paddlefish roe. One container must match one harvested paddlefish.
(u) Blocking of harvested paddlefish is not permitted.
(v) Paddlefish may not be possessed alive away from harvested waters.
(w) The gill rakers inside the mouth can be cut to bleed the fish.
(x) The harvest of Asian carp species is permitted. These species include: Bighead Carp (Hypophthalmichthys nobilis) , Silver Carp {Hypophthalmichthys molitrix) , Black Carp (Mylopharyngodon piceus) and Grass Carp (Ctenopharyngodon idella) . If not harvested, the release of live bighead, silver, and black carps is not permitted. Each fish should be dispatched in a humane manner.
(y) Commercially harvested paddlefish (or parts thereof) taken from an authorized PMA and sold must be marketed to a licensed wholesale fish dealer who has a valid Alabama commercial paddlefish dealer license; provided however, that all parts other than roe may be sold within Alabama by the harvester to other individuals for their personal consumption.
(z) All commercial paddlefish harvester permit holders are required to allow boarding of their vessel if requested by an ADWFF conservation officer, agent, or biologist to examine their catch.
(aa) Citations for the violation of any commercial fishing laws or regulations during the paddlefish season may result in confiscation of fishing equipment (i.e., boat, boat motor, boat trailer, gillnets and associated gear) and paddlefish roe and flesh as evidence.
(bb) Conviction of any laws or regulations from a paddlefish season may result in the loss of opportunity to apply for a future commercial paddlefish harvester permit and forfeiture of confiscated fish equipment, paddlefish roe and flesh.
(cc) Each gill net must be fished independent of other nets and cannot be tied together.
(dd) During the commercial paddlefish season it is prohibited for any person to possess, buy, sell, or ship across Alabama state lines whole paddlefish, paddlefish parts or eggs without proper permits and documentation as determined by the ADWFF.
Exceptions :
(i) Persons who have purchased paddlefish flesh or processed and packaged paddlefish eggs for consumption.
(ii) Restaurants, grocery stores, hotels, retail fish markets, and wholesale food suppliers selling paddlefish roe or paddlefish parts fully processed, packaged and ready for retail sale in sealed containers.
(iii) Commercial shipping firms or authorized agents may possess legally taken paddlefish and/or paddlefish eggs or flesh shipped by person having an Alabama commercial roe dealer/buyer license.
(13) Informational Note. Regulations Already in Effect that Apply to the Commercial Harvest of Paddlefish: Tennessee River
(a) All gill nets shall be affixed with a tag which has the name, address, and license number of the commercial paddlefish harvester on the tag.
(b) At least one buoy per gill net must bear the name, address, and license number of the commercial paddlefish harvester.
(c) Nets must be staggered when set and cannot be placed closer than 50' to any other net.
(d) Nets must be fished in a stationary manner.
(e) Nets cannot be placed 100' or closer to the water's edge.
(f) Nets cannot be set in a way that the net extends more than half way across any river.
(g) All fish species designated as game fish must be immediately returned to the waters from whence they were taken.
(h) Other fish species designated as commercial or non-game caught in permitted paddlefish gill nets can be harvested during the paddlefish season.
(i) The cutting or mutilating of paddlefish to check for eggs is prohibited. Except by the use of a 12-gauge needle to check for eggs (see 12 r).
(14) Harvest, Sale and Shipping Reporting. Commercial paddlefish harvesters and commercial paddlefish dealers will be required to submit paddlefish daily catch and harvest reports, commercial paddlefish roe buyer's weekly reports, and/or other reports as determined by the ADWFF. Falsification of, or failure to submit by the specified time or date, the required paddlefish reports to the ADWFF is a violation of this regulation and subjects the person to denial of future fishing privileges.
(15) License Requirements. Holders of a commercial paddlefish harvester permit and commercial paddlefish dealer's license must have government issued picture identification on their person during the commercial paddlefish season and while possessing paddlefish eggs, flesh, and parts. The aforementioned permit and license must also be on their person during the season while possessing paddlefish eggs, flesh, and parts.
History
For purposes of 9-11-44(d), Code of Ala. 1975, "immediate family" is defined as: a landowner's spouse, children, parents, brothers, and sisters.
History
Within the jurisdiction of the Alabama Division of Wildlife and Freshwater Fisheries, it shall be unlawful to transport any live baitfish, having been caught or harvested from streams, rivers, public lakes or reservoirs in Alabama, away from the waters in which they are caught. Further, it is unlawful to import any live baitfish, having been caught or harvested from streams, rivers, public lakes, or reservoirs from any area outside the State of Alabama. For the purposes of this regulation, baitfish are defined as any species of fish or crayfish (Superfamily Astacoidea) that are legal to use as bait for recreational or commercial fishing in Alabama.
This regulation does not prohibit the possession or the use of live baitfish on or within the waters from which they have been caught or harvested. Nor does it prohibit the possession, importation, or use of live baitfish acquired from commercial producers and bait shops located within or outside the State of Alabama, provided the origin of these fish was not from a wild caught source.
For purposes of this regulation, refer to 220-2-.42(1) for a description of the Alabama Division of Wildlife and Freshwater Fisheries jurisdictional line.
History
No person, firm, corporation, partnership, or association shall possess, sell, offer for sale, release, or cause to be distributed within the State of Alabama any live fish of the genus Hypophthalmichthys spp. (silver carp, bighead carp, largescale silver carp) except for holders of valid commercial fishing licenses engaged in harvesting individuals of these species from the public waters of Alabama for sale to licensed fish dealers and/or processors and aquaculture producers holding a valid written permit issued by the Commissioner of Conservation and Natural Resources.
History
(1) In addition to 220-2-.55, it shall be unlawful on Crow Creek, Mud Creek and Raccoon Creek Wildlife Management Areas (WMA):
(a) For any person to leave any vehicle parked at the established launching sites. Hunters must use the designated parking areas. However, physically disabled persons with approved handicapped vehicles may be parked at the designated handicap parking locations.
(b) For any person to create or hunt from any dug-out or excavated area.
(c) To construct and/or utilize permanent waterfowl hunting blinds (those using building materials, flooring, or flotation and/or remaining in position overnight) anywhere on the Jackson County Waterfowl (Mud Creek, Crow Creek, and Raccoon Creek) WMAs.
(d) For any blinds to be left in said areas for more than one (1) day. All such blinds shall be disposed of as deemed advisable by the Wildlife and Freshwater Fisheries Division of the Department of Conservation and Natural Resources.
(e) For any person to leave waterfowl decoys overnight.
(f) To have more than 25 shotgun shells in the possession of each hunter (excluding youth hunters during the designated youth hunt days) while hunting waterfowl on all Jackson County Waterfowl Management Areas (Crow Creek WMA, Mud Creek WMA, and Raccoon Creek WMA). g) For any person to operate airboats or air-cooled motors (go-devil type motors) on all portions of Mud Creek WMA lying west of Highway 72 from the beginning of youth/ Veteran waterfowl season in November to the first Saturday in February.
(2) The following shall apply to the DEWATERING UNITS on Mud Creek and Raccoon Creek WMAs:
(a) All boats and/or boat blinds used for hunting waterfowl shall be launched and removed daily or shall be floated to an approved launching site for overnight mooring.
(b) It is unlawful for any person to use commercial fishing gear from October 31st through the second Saturday in February.
(c) Temporary blinds may be used for one (1) day only and removed by the hunter. All such blinds, except boat blinds, left for more than one (1) day shall be disposed of as deemed advisable by the Wildlife and Freshwater Fisheries Division of the Department of Conservation and Natural Resources.
(d) All activity is prohibited from 7:00 PM to 3:00 AM during the period of Nov. 1 - Feb. 15 and 48 hours prior to waterfowl season openings.
(e) It is unlawful to use airboats.
(f) It is unlawful to hunt waterfowl on Tuesdays, Wednesdays, and Thursdays, except during the Special Teal Season, the Special Early Goose Season, and the last two weeks of waterfowl season. All waterfowl hunting activity in the Mud Creek (Wannville) and Raccoon Creek dewatering units is prohibited on those days unless authorized by the personnel of the Wildlife and Freshwater Fisheries Division of the Department of Conservation and Natural Resources.
(g) It is unlawful to use air-cooled motors (go-devil type motors) in Mud Creek (Wannville) dewatering unit and Raccoon Creek dewatering unit (North of Highway 117).
(h) It is unlawful to launch any vessel prior to 3:00 AM daily. All hunters preparing to hunt waterfowl are not allowed in the water prior to 3:00 AM daily.
(3) It is unlawful to operate airboats and air-cooled motors (go-devil type motors) on all portions of Crow Creek Refuge and North Sauty Refuge from November 1 to March 31 of each year. Airboats are prohibited on the Green Tree Reservoir in the Mud Creek WMA at all times.
History
(1) In addition to 220-2-.55, it shall be unlawful on Swan Creek and Mallard-Fox Creek Wildlife Management Areas (WMA):
(a) For any person to leave any vehicle parked at the established launching sites. Hunters must use the designated parking areas. However, physically disabled persons with approved handicapped vehicles may be parked at the designated handicapped parking location at the main launch only.
(b) For any person to create or hunt from any dug-out or excavated area.
(c) To construct and/or utilize permanent waterfowl hunting blinds (those using building materials, flooring, or floatation and/or remaining in position overnight) anywhere on the Swan Creek or Mallard-Fox Creek WMAs. All such blinds shall be disposed of as deemed advisable by the Wildlife and Freshwater Fisheries Division of the Department of Conservation and Natural Resources.
(d) For any person using waterfowl decoys on Swan Creek WMA to leave said decoys out overnight.
(2) The following shall apply to the dewatering unit on Swan Creek WMA:
(a) All boats and/or boat blinds used for hunting waterfowl shall be launched and removed daily.
(b) It shall be unlawful for any person to fish from October 31st through the second Saturday in February.
(c) All activity is prohibited in the DWU when gates are closed. There shall be no activity from 7:00 PM to 4:30 AM, during the periods when gates are open.
(d) It shall be unlawful to use airboats.
(e) All limited quota walk-in and boat blind locations within the Swan Creek WMA DWU will be permitted through a limited quota permit system determined by random computerized drawing for weekend hunts or in-person drawings on the day of weekday hunts. With the following conditions:
Successful resident applicants and hunting guests aged 16 to 64 and non-residents aged 16 or older must obtain and have in possession a valid Alabama hunting license, WMA license, HIP, and state and federal duck stamps if applicable. Any violation of any rules, regulations, or laws by permit holder or guests while hunting on Swan Creek WMA will result in those individuals forfeiting the remainder of their hunt and forfeiting their Swan Creek WMA hunt eligibility for the remainder of the current season and the entire following season. Failure to participate in solicited hunt without providing Wildlife and Freshwater Fisheries 7 day prior notice by email to hunt coordinator of cancellation will result in that individual losing their eligibility for future Swan Creek WMA DWU limited quota hunts for the present and following year.
Boat blinds must meet all U.S. Coast Guard Minimum Requirements for Recreational Boats. Life vests and kill switches must be worn at all times when the boat is under power and in motion.
Permit holders and guests shall only hunt on their assigned dates and within thirty (30) feet of their assigned hunt location marker.
It shall be unlawful for any limited quota permitted hunter to hunt without checking in and out of Swan Creek WMA on each hunt using the Outdoor Alabama WMA check-in Application and reporting harvest OR with a daily permit from the self-service kiosk. When using daily permit, the tear-off stub with number matching daily permits must be filled out and deposited in the return slot of self-service box. The Harvest Report portion of the permit is to be retained in possession of the hunter until the end of the day, then filled out and deposited in the self-service box before leaving Swan Creek WMA each hunt.
It shall be unlawful to access or hunt on Swan Creek DWU unless selected for a limited quota permit for specific hunt dates and hunt location. The permit holder and three properly licensed guest(s) may only access and hunt the DWU permitted hunt location and on permitted times and days. The guests may be different individuals each hunt day. Permit holder must be present with hunting party each hunt.
Permitted walk-in and boat blind hunters must be anchored or stationed to hunt within 30 feet of the appropriate hunt location marker for the duration of the limited quota hunt. Hunt location markers shall not be moved or otherwise altered or tampered with. No blind may be attached to the location marker in any way. If a boat or blind is found to be attached to a marker, all hunters in the blind will be deemed in violation of this regulation. Walk-in locations must be accessed by foot only.
Permitted hunters and guests may enter Swan Creek DWU at 4:30AM; Hunting may begin at legal shooting hours; all hunting activity is prohibited after 12:00NOON; and all parties must exit the DWU no later than 1:30PM. It shall be unlawful to leave assigned hunt location except when retrieving a downed bird or departing the DWU for the day.
Limited quota hunt selections will be conducted by:
(1) Weekends (Saturday and Sunday) and Special Youth and Veteran Hunts, applicants will register pre-season on the limited quota hunt platform on www.outdooralabama.com. Randomized computer selections will occur prior to the season opening. Successful permit holders will be able to hunt both days.
(2) Weekdays (Tuesdays and Thursdays), applicants will register in person on the day of the hunt. Drawing will occur at the District I Wildlife and Freshwater Fisheries Office (21453 Harris Station Road, Tanner, AL 35671) each Tuesday and Thursday during waterfowl season. Registration begins at 4:00AM, registration ends at 4:25AM and drawing will occur at 4:30AM. Successful permit holders can hunt only the day they are successfully selected.
History
(1) Hunters SHALL submit samples for chronic wasting disease (CWD) testing from all deer harvested on any Wildlife Management Area (WMA), Special Opportunity Area (SOA), Community Hunting Area (CHA), State Waterfowl Refuges, or Physically Disabled Hunting Area (PHDA) located within a CWD High Risk Zone (HRZ) or Buffer Zone (BZ) at the WMA Check Station, or Drop-off Sampling freezer locations, or a scheduled DCNR Mobile Sampling location.
(2) Hunters SHALL submit samples for CWD testing from all deer harvested within the High Risk Zone (HRZ) of the Chronic Wasting Disease Management Zone (CMZ) at DCNR mobile sampling locations or Drop-off Sampling freezer locations on scheduled dates announced by press release and posted to the website below. All other days, hunters are encouraged to submit samples for CWD testing. www.outdooralabama.com/CWD-Info
(3) Hunters SHALL submit samples for CWD testing from all deer harvested within the Buffer Zone (BZ) at DCNR mobile sampling locations or Drop-off Sampling freezer locations on scheduled dates announced by press release and posted to the website below. All other days, hunters are encouraged to submit samples for CWD testing. www.outdooralabama.com/CWD-Info
(4) All deer harvested in the (CMZ) must be properly recorded and reported through the Game Check System pursuant to Regulation 220-2-.146.
(5) No cervid or cervid body parts taken from the HRZ shall be transported outside of the HRZ. This restriction shall not apply to meat of a cervid species that has been completely deboned; cleaned skull plates with attached bare antlers, if no visible brain or spinal cord tissue is present; unattached bare antlers or sheds; raw capes, if no visible brain or spinal cord tissue is present; upper canine teeth, if no root structure or other soft tissue is present; and finished taxidermy products or tanned hides.
(6) No cervid or cervid body parts taken from the BZ shall be transported outside the CMZ. This restriction shall not apply to meat of a cervid species that has been completely deboned; cleaned skull plates with attached bare antlers, if no visible brain or spinal cord tissue is present; unattached bare antlers or sheds; raw capes, if no visible brain or spinal cord tissue is present; upper canine teeth, if no root structure or other soft tissue is present; and finished taxidermy products or tanned hides.
(7) Deer processors or taxidermists shall apply for a DCNR Carcass Disposal Transport permit when transporting outside of the designated zones, as applicable. www.outdooralabama.com/CWD-Info
(8) Cervid rehabilitation shall not be permitted within a CMZ nor shall Cervid be transported out of a CMZ for rehabilitation purposes.
(9) Hunters may find DCNR Best Management Practices for carcass disposal at the following link: www.outdooralabama.com/CWD-Info.
(10) There shall be no baiting or supplemental feeding of wildlife within the CMZ. Grain, salt products, minerals, or consumable natural and manufactured products may not be placed or put out for wildlife with the following exceptions:
(a) Seed or grain used solely for normal agricultural, forest management, or wildlife food plot production purposes.
(b) Feed solely placed inside an active hog trap.
(c) Feed for attracting birds and squirrels with common bird and squirrel feeders placed within 100 feet of a residence or occupied building.
(d) Feed as permitted by the Commissioner of the Department of Conservation and Natural Resources.
History
Act 2015-441 authorizes any state agency that statutorily levies or assesses fees to fund its operations and programs to increase those fees by means provided in the Act. Pursuant to the authority of Act 2015-441, certain statutory fees related to the Wildlife and Freshwater Fisheries Division have been increased. See the table below for a list of increased fees. The statutory fees in column three are increased to the amounts in column four.
FEES
| 1 | 2 | 3 | 4 | | --- | --- | --- | --- | | Authorizing Statutes | Description | Statutory Fee | New fee Authorized by Act 2015-441 | | 9-11-413 | Commercial Fowl Hunt Preserve - Nonexempt | $25 | $30 | | 9-11-413 | Commercial Fowl Hunt Preserve - Additional Acres - Nonexempt | $5 | $6 | | 9-11-413 | Commercial Fowl Hunt Preserve - Exempt | $500 | $600 | | 9-12-202 | Alligator Farmer | $1000 | $1,200 | | 9-12-206 | Alligator Parts Dealer | $100 | $120 | | 9-12-206 | Alligator Retailer | $5 | $6 | | 9-11-342 | Commercial Quail Breeders | $25 | $30 | | 9-11-261 | Propagation Permit | $1 | $1 | | 9-11-63 | Non-Resident Fur Dealer | $300 | $360 | | 9-11-143 | Resident Freshwater Commercial | $99 | $118 | | 9-11-373 | Resident Mussel Buyers | $100 | $120 | | 9-11-372 | Resident Mussel Catchers | $250 | $300 | | 9-11-153 | Freshwater Non-Game Retail Fish Dealers | $10 | $12 | | 9-11-153 | Freshwater Non-game Wholesale Fish Dealers | $25 | $30 | | 9-11-373 | Non-Resident Mussel Buyers | $300 | $360 | | 9-11-372 | Non-Resident Mussel Catchers | $750 | $900 | | 9-11-58 | Non-Resident Minnows and Live Fish Retail | $200 | $240 | | 9-11-58 | Non-Resident Minnows and Live Fish Wholesale | $250 | $300 |
History
(1) Any person, firm, corporation, or association that operates an enclosure for a game animal of the species of the family Cervidae defined in Ala. Code Section 9-11-500(1) and that complies with all applicable laws, rules, and regulations may apply for registration of each enclosure with the Alabama Department of Conservation and Natural Resources.
(2) Registration forms must be submitted for each enclosure, by location on or before July 1 of each year for the upcoming hunting season. The forms are available at www.outdooralabama.com.
(3) Registrants may hunt deer by gun deer stalk hunting methods during the period of October 15 thru January 6, unless a different period is designated by the Department. Outside of designated dates, deer can only be hunted by bow and arrow stalk hunting methods that are applicable to the deer zone where the property is located as described in 220-2-.01 Hunting Seasons.
(4) Each individual enclosure must be in full compliance with applicable laws, county and municipal ordinances, and Department rules and regulations, specifically Ala. Admin. Code R. 220-2-.147 and 220-2-.156. Such enclosures must contain only species of the family Cervidae as defined in Section 9-11-500(1).
(5) Enclosures must at all times be open for entry and inspection by Conservation Officers and other duly authorized agents of the Department.
(6) Deer hunters permitted to hunt under this registration must adhere to all applicable state and local laws and ordinances, as well as Department rules and regulations.
(7) A violation of any provision of this rule is subject to the revocation, suspension, or denial of registration, and may also be subject to civil and criminal sanctions imposed by Alabama Act No. 2022-423.
History
It shall be unlawful to sell, offer for sale, or trade anything of value for any Skipjack Herring ( Alosa chrysochloris ) taken from the public waters of the Tennessee River and its Impoundments and Tributaries within the State of Alabama. This regulation shall expire on December 31, 2029, to allow adequate time for additional biological analysis to be performed to determine if the continued harvest and sale of Skipjack Herring is sustainable.
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(1) Shrimping is regulated by the Commissioner of Conservation and Natural Resources under authority of Code of Ala. 1975, Section 9-2-4.
(2) Individuals operating a licensed recreational shrimp boat taking bait shrimp from an area designated by law as an exclusive saltwater bait area are limited to one (1) gallon of shrimp with heads attached per boat per day.
(3) Individuals taking shrimp, for recreational purposes, in an area open to commercial shrimping by means of a cast net and without the use of a boat, are limited to no more than five (5) gallons of shrimp with heads on per person per day.
(4) The taking, catching or attempting to take or catch shrimp by trawl, seine, cast net or by any means whatsoever, or the taking, catching or attempting to take or catch any other seafoods by use of a trawl, for any purpose is prohibited in the following Nursery Areas:
(a) Portersville Bay which is defined as those waters north of a line extending from Barron Point on Mon Louis Island (30°19.110'N - 88°11.519'W), thence to the south shore of Marsh Island (30°19.201'N - 88°13.473'W) thence to the south shoreline of the Isle aux Herbes (Coffee Island) (30°19.466'N -88°15.346'W)and then along the western shoreline of the Isle aux Herbes to a point on the mainland due north of the northern tip of the Isle aux Herbes (30°22.008'N - 88°15.543'W).
(b) Heron Bay which is described as that body of water lying north of a line extending from Barry Point on Mon Louis Island (30°19.883'N - 88°08.999'W) south southeast to Cedar Point (30°18.594'N - 88°08.278'W).
(c) That portion of Mississippi Sound north of the Intracoastal Waterway and east of a line extending from Barron Point on Mon Louis Island (30°19.110'N - 88°11.519'W), southeasterly to Range Marker "D" on the Intracoastal Waterway.
(d) All of Weeks Bay, except shrimp may be taken for bait with a dip net that measures no more than twelve inches (12") by twelve inches (12").
(e) All rivers, streams, creeks and bayous (except that portion of Blakely River designated by law as an exclusive bait shrimping area). For the purpose of this regulation, the mouth of the Mobile River is defined as a line beginning at the southernmost tip of Pinto Island (30°40.033'N - 88°01.647'W) and running due west to a point on the mainland (30°39.952'N -88°02.002'W).
(f) All waters north of the southernmost edge of the Interstate Highway 10 eastbound lane (except that portion of Interstate Highway 10 which lies north of U.S. Highway 90 (Battleship Parkway), in which case the line follows the southernmost edge of the Battleship Parkway).
(g) That portion of Bon Secour Bay within 2500 feet of the mouth of Weeks Bay.
(h) Theodore Industrial Canal.
(i) That portion of Mobile Bay north and west of a line running from the intersection of the Dog River Bridge with the Dog River Channel east along the northern edge of the Dog River Channel to its intersection with the Mobile Ship Channel then north along the west side of the Mobile Ship Channel to the Upper Reach Rear Range (located on the north side of Arlington Channel) then north and east of a line running southeast to the charted position of Mobile Ship Channel marker #78 then southeast to the charted position of the center of Mayday Pier (30°35.966'N
(j) Pursuant to Section 9-12-46, Code of Ala. 1975, from 6:00a.m. August 15 each year until 6:00 a.m. October 1 each year, that portion of Mobile Bay extending out from and parallel to the shoreline one-half nautical mile beginning at the center of Mayday Pier and then south to the northern edge of the Point Clear Channel, except in this area only, persons may use a cast net to catch or attempt to catch shrimp for bait or non-commercial purposes not to exceed one gallon of shrimp per person per day.
(k) All waters in Mobile County north of a line beginning at the Mississippi State line running east to the eastern tip of South Rigolets (30°21.120'N - 88°23.490'W) then northeast to the southwest tip of Point Aux Pins (30°22.271'N -88°18.888'W) then east to the charted position of the "BC" Beacon in the Bayou La Batre Ship Channel and then southeast to the northwest point of the middle cut that bisects Coffee Island (Isle Aux Herbes) defined as 30°20.785'N - 88°15.721'W.
(l) North of Lillian Bridge in Baldwin County.
(m) Little Lagoon Pass in Baldwin County and within 100 yards of the north and south entrance of Little Lagoon Pass.
(n) Perdido Pass in Baldwin County which is defined as those waters north of Perdido Pass Channel Markers #1 and #2 and south of the charted position of channel marker #12 in Terry Cove.
(5) Exclusive bait shrimping areas are permanently closed to commercial shrimping.
(6) It shall be unlawful to wash a trawl or net by pulling it or dragging it in any waters closed to shrimping.
(7) The use of any trawl or trawls, or the taking of shrimp by any means, in any area closed to commercial shrimping is hereby expressly prohibited, except as otherwise provided by law.
(8) Unless otherwise provided, it shall be unlawful to use trawls or seines except as follows:
(a) Recreational shrimp trawls -- The size, and number, of recreational shrimp trawls shall be limited to one net per boat, the size of which shall not exceed sixteen (16) feet as measured across the cork line or main top line. In addition, wings shall be cut and tied to the wing line only on points and it shall be illegal to use nets where the length of the top leg line exceeds the length of the bottom leg line (length of leg lines being defined as the distance from the rear of the door to the beginning of the wing).
(b) Live saltwater bait trawls - The size, and number, of live saltwater bait trawls shall be limited to one net per boat, the size of which shall not exceed fifty (50) feet as measured across the cork line or main top line except in an area that is temporarily closed to shrimping or in a designated live bait area the trawl shall not exceed sixteen (16) feet along the cork line or main top line. In addition, wings shall be cut and tied to the wing line only on points and it shall be illegal to use nets where the length of the top leg line exceeds the length of the bottom leg line (length of leg lines being defined as the distance from the rear of the door to the beginning of the wing). Live Saltwater Bait Dealers shall drag their trawl for no longer than twenty (20) consecutive minutes before retrieving the trawl and transferring bait shrimp into the live bait tank.
(c) Commercial shrimp trawls -- It shall be illegal for any person, firm or corporation to take or attempt to take shrimp or other seafoods in or from the inside waters of the State of Alabama by trawl or trawls used together the total width of which exceeds fifty (50) feet as measured in a straight distance along the cork line, which is the main top line containing corks. The use of more than two trawls is prohibited in the inside waters; provided however, that one "try trawl" not to exceed ten (10) feet as measured across the cork line may be used for sampling in addition to the above. In addition, wings shall be cut and tied to the wing line only on points and it shall be illegal to use a trawl or trawls on which the length of the top leg line exceeds the length of the bottom leg line, the length of the leg line being defined as the distance from the rear of the trawl door to the beginning of the wing.
(d) It shall be unlawful to hang, tie or otherwise connect any webbing or netting between the rear of the trawl board or door and the adjacent wing line or between the top leg line and bottom leg line of any trawl so as to extend the width of any trawl or trawls authorized under Sections (8) (a), (8) (b) and (8)(c) above.
(9) The Department of Conservation and Natural Resources shall not issue a Live Saltwater Bait Dealers License to persons unless their shore facilities, transport facilities, or boat(s), in addition to the requirements provided by law, meet the following minimum requirements:
Place of Business
A place of business is defined for purposes of this section as:
(a) A permanently erected building on land from which fishing bait and fishing supplies and tackle are sold to the public; or
(b) A vessel that sells live or dead saltwater bait (excluding shrimp) to the public. It shall be unlawful for a vessel that sells live or dead saltwater bait (excluding shrimp) that is a place of business to take, possess, or sell live or dead shrimp. Such vessel shall meet the requirements for a boat facility, shall provide a physical address where vessel will be docked or stored, shall not possess or attempt to use a trawl and shall make vessel immediately available for inspection. No live bait catcher boat that is licensed under such vessel that is a place of business may take or possess live or dead shrimp or possess or attempt to use a trawl to take bait. No transport truck that is licensed under such a vessel that is a place of business may transport or possess live or dead shrimp. Such vessel that is a "place of business", and all catcher boats and transport trucks licensed under such vessel shall have the words "Live Bait - No Shrimp" in letters at least six inches high on the port and starboard sides of the vessel or vehicle; or
(c) A vessel that sells live or dead saltwater bait (including shrimp) from a designated location to the public. Such vessel shall notify the Marine Resources Division of the GPS location of such designated location where live or dead saltwater bait will be sold, shall notify the Marine Resources Division at least 10 working days prior to utilizing or moving such location, shall designate only one location, shall only sell live or dead saltwater bait from the designated location, shall meet all requirements for a shore facility and a boat facility, shall provide a physical address where the vessel will be docked or stored, shall not possess or attempt to use a trawl, and shall make vessel immediately available for inspection. Such vessel that is a place of business shall have the words "Live Bait - For Sale" in letters at least six inches high on the port and starboard sides of the vessel.
(d) Notwithstanding the provisions of (b) and (c) immediately above, no vessel shall constitute a "place of business" hereunder if it is in violation of Rule 220-4-.08 of the Alabama Administrative Code.
Shore Facilities
(a) Covered concrete, wooden or fabricated tanks with a minimum capacity of 480 gallons.
(b) Tanks must be aerated by one of the following:
Circulating water sprayed upon the surface which may be pumped from the bay, bayou, etc., or recirculated from the shrimp tank.
Any commercial fish aerator.
Transport Facilities
Wooden or fabricated transport tanks with recirculating water or commercial fish aerator.
Boat Facilities
(a) Tank with a spray system operated by a pump or commercial fish aerator; or, live well with forced water exchange.
(10) No holder of a live saltwater bait dealers license or anyone operating under such license shall transfer or unload any shrimp live or dead onto any vessel or vehicle unless such vessel or vehicle has been inspected and approved by the Marine Resources Division and designated as a licensee as required by 9-12-54.3. Shrimp live or dead taken by a live saltwater bait boat shall be transported or stored only in an approved vessel, vehicle or facility.
(11) It shall be unlawful for any person to drag any net, seine or trawl over the public oyster reefs or the private oyster leases in this State.
(12) Any person, firm or corporation or association may import shrimp into the State of Alabama from another state even though such shrimp weigh less than the minimum weight requirements prescribed by the laws and regulations of the State of Alabama provided such shrimp were legally taken or caught outside of the territorial waters of the State of Alabama. Upon importation of such undersized shrimp, the purchaser and/or processor thereof shall maintain a written record of the location of the source of such shrimp and such records shall be open for inspection to the Division of Marine Resources upon demand.
(13) Live bait dealers shall only purchase live bait from inspected vehicles or vessels assigned to a licensed resident or non-resident Alabama live saltwater bait dealer.
(14) Pursuant to Section 9-12-46, Code of Ala. 1975, all inside waters of the State of Alabama, as defined by rule 220-3-.04, shall be closed to all commercial and recreational shrimping at 6:00 a.m. on May 1 of each year and all inside waters not permanently closed shall be opened to commercial and recreational shrimping at 6:00 a.m. on June 1 of each year.
History
(1) The taking of oysters from public reefs is regulated by both the Department of Conservation and Natural Resources, Marine Resources Division and the Alabama Department of Public Health.
(2) Prior to being issued an oyster catcher's license, oyster aquaculture license or working on a licensed aquaculture site, each person shall obtain Marine Resources Division/Alabama Department of Public Health approved training every five (5) years. The training shall include required harvest, handling, and transportation practices as determined by the Marine Resources Division and the Alabama Department of Public Health;
(a) A harvester shall obtain proof of completion of the required training.
(b) Proof of training obtained by the harvester within the past five (5) years shall be presented to the Marine Resources Division prior to the issuance of an oyster aquaculture license, oyster harvester, or oyster dredge license.
(3) Unless otherwise provided, the minimum lawful size of oysters taken shall be three inches (3") with an allowance of not more than five percent (5%) for undersize oysters and cultch material for the cargo on hand and no more than 10% of undersize oysters and cultch material in any one sack or container. Oysters shall be culled upon the reef from which they were taken.
(4) Except as otherwise hereinafter provided, it shall be unlawful for any person to take or attempt to take oysters except by hand or hand tongs and by the use of dredges in designated areas.
(5) It shall be unlawful for any person to take or attempt to take oysters from the public reefs and/or from private reefs and bottoms of the State of Alabama by means of oyster dredges except as follows:
(a) The Director of the Marine Resources Division may issue a written permit allowing oyster dredges to be used for taking or removing oysters from public or private oyster reefs or from those water bottoms which have been leased from the State of Alabama pursuant to the authority contained in Section 9-12-24 of the Code of Ala. 1975. The permittee must use the oyster dredge only upon such days, at such times, and within such areas as shall be specified in the permit.
(b) No permittee may allow the craft on which a dredge is carried to be anchored at night. Said craft must return to a dock before sunset.
(c) Dredges used on the public or private reefs shall not exceed a weight of 125 pounds, including self-dumping basket. Dredges will be restricted to no more than 16 teeth, maximum 3 inches apart with self-dumping baskets. All dredges must be inspected and tagged by the Marine Resources Division. A rope no shorter than 15 feet with a floating buoy no less than six inches in diameter bearing the operators permit number shall be permanently affixed to the dredge at all times when the dredge is in use or in transit aboard a vessel. No more than one dredge may be aboard a vessel at any time. It shall be unlawful for any person, firm, association, or corporation to carry or transport any oyster dredges on board of or attached to any vessel, boat, or other water craft unless it has been inspected and tagged by the Marine Resources Division.
(6) It shall be unlawful for any person, firm, association or corporation to carry or transport any oyster dredges on board of or attached to any vessel, boat, or other water craft unless the dredge has been inspected by the Marine Resources Division and the operator of the vessel has a permit for the dredge.
(7) It shall be unlawful between the hours of sunset and sunrise to take, attempt to take or possess oysters on board a vessel or in the waters of the State of Alabama. All oysters taken from the public reefs shall be landed within one hour of the water bottom closure each day.
(8) It shall be unlawful for persons to take, for noncommercial purposes, more than 100 oysters a person each day from the public reefs, beds, or bottoms in the waters of this State. Recreational oysters must be landed at the Oyster Management Station (OMS) where a recreational tag shall be purchased and the information shall be completed or supplied (as required by the Marine Resources Division) by the harvester. The tag shall be immediately attached to each sack or container of oysters before leaving the Oyster Management Station. Person's possessing more than 100 oysters shall be deemed to possess those oysters for commercial purposes. Recreational and commercial oysters cannot be taken or possessed on board a vessel in the same trip.
(9) Certain waters in the vicinity of sewage discharges and other locations are permanently closed to oystering by the Alabama Department of Public Health. These areas are subject to change and the latest closure orders should be obtained from the Marine Resources Division or the Alabama Department of Public Health.
(10) All oysters harvested from public and private harvest areas must be placed in containers or sacks that can be cleaned and allow drainage.
(11) All oysters taken from public bottoms shall be placed in sacks or containers according to the standard Alabama measure of one quarter (1/4) Alabama barrel and it shall be unlawful to land any oysters for commercial purposes which have not been stored or contained in this manner. The volume of a M Alabama barrel shall consist of a tub of oysters measuring 17 inches in diameter on the top, 13 inches in diameter on the bottom, and 12 inches in height. It shall be unlawful to transfer oysters from one boat to another for purposes of avoiding the requirement of this regulation or to transfer any oysters to any unlicensed oyster catcher. Any person or persons cited for exceeding the standard Alabama measure of one quarter (1/4) Alabama barrel provided for herein shall be required to immediately transport and redistribute any said excess oysters on the nearest public reef. Failure to so transport and redistribute shall be considered a violation of this regulation.
(12) All vessels engaged in the taking, possession, or transport of oysters from the private and public reefs of Alabama shall have aboard the vessel an approved marine sanitation device (MSD), portable toilet, or other sewage disposal receptacle. The MSD, portable toilet or other sewage disposal receptacle shall be used only for the purpose intended, be emptied only in a sewage disposal system, and be cleaned before being returned to the vessel. Sewage disposal receptacles must be constructed of impervious, cleanable materials and have tight fitting lids with "HUMAN WASTE" indelibly written in 3-inch block lettering. No cats, dogs, or other animals may be aboard any vessels taking, possessing, or transporting oysters.
(13) It shall be unlawful for any person to take or attempt to take oysters, for commercial purposes, from the public reefs of the State of Alabama without first having registered (checked in) on the day of harvest at the Oyster Management Station drop box in the area where the harvest shall be attempted. All fishermen must check out at the same designated Oyster Management Station where they checked in within one hour of the water bottom closure for that day. Oyster tags will be purchased at the Oyster Management Station and no oysters shall be landed before being tagged. The oyster harvester will provide the following information at the Oyster Management Station in order to complete an oyster harvest record: Harvester's name, harvester's license number, harvest location, gear used, fishing time, name of certified dealer where the oysters will be sold, and any other information required. At least one copy of the oyster harvest record must remain with the shell stock while it is in transit to a certified dealer and a copy must be given to the certified dealer upon delivery. Failure to present oysters to the declared shop without notifying the Marine Resources Division by the close of business on the day of harvest will be considered a violation.
(14) Oyster Management Stations shall be established by the Director of the Marine Resources Division. Season openings and final closures shall be made by issuing a press release. Areas opened for oyster harvest and Oyster Management Stations that will be opened near those harvest areas will be publicized using an Opening Order. The Opening Order will include the date harvest shall be opened or closed, a description of the shellfish harvest locations, a description of the location of the Oyster Management Stations that will be open, and a map of areas where dredging will be allowed (if applicable). The Opening Order will be posted by the Director of the Marine Resources Division at the Oyster Management Stations, on the Department of Conservation and Natural Resources websites, and on official Department of Conservation and Natural Resources social media.
History
(1) Any person possessing, transporting, or using any seine, gill net, trammel net, or other entangling net more than 300 feet in length as measured along the cork line or main top line, or possessing, transporting, or using for commercial purposes a seine, gill net, trammel net, or other entangling net 300 feet or less as measured along the cork line or main top line, on or in the waters of Alabama under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42, shall be validly licensed or permitted under Code of Ala. 1975, § 9-12-113 and shall have such license or permit in possession. Except that any person possessing a valid Federal Fisheries Permit that allows the use of a seine, gill net, trammel net or other entangling net in federal waters may transport such net on board a boat without an Alabama commercial gill net license in the following waters of the State of Alabama: in a marked navigational channel, due south of the charted position of Bayou La Batre Channel Marker "5", in the Gulf of Mexico due south of Perdido Pass, and for vessels leaving from Billy Goat Hole on Dauphin Island or Fort Morgan Ramp, lower Mobile Bay. All vessels using this Lower Mobile Bay transport exception shall proceed as directly, continuously and expeditiously as possible to or from the Mobile Ship Channel. All vessels using any transport exception shall proceed as directly, continuously and expeditiously as possible to or from Federal waters.
Provided further, any person possessing, transporting, or using for recreational purposes a gill net 300 feet or less as measured along the cork line or main top line, on or in the waters of Alabama under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42 shall be validly licensed under Code of Ala. 1975, § 9-12-123 and shall have such license in possession.
(2) Roe mullet permit requirements: Any person possessing, using, or attempting to use, any commercial gill net, trammel net, or other entangling net with a mesh size of two (2) inches knot to knot or larger but less than three (3) inches knot to knot to take or attempt to take any fish during the period of October 24 through December 31 of each year in the waters of Alabama must have a roe mullet permit as provided by Code of Ala. 1975, § 9-12-113; provided further, during the period of October 24 through December 31 that any person in possession of mullet while possessing, using, or attempting to use any commercial gill net, trammel net, or other entangling net is also required to have said roe mullet permit.
(3) Spanish mackerel permit requirements: Any person possessing, using, or attempting to use, any commercial seine, gill net, trammel net, or other entangling net in the waters of Alabama, including the territorial waters in the Gulf of Mexico, who possesses any Spanish mackerel must have a Spanish mackerel permit as provided by Code of Ala. 1975, § 9-12-113. Except that any person possessing a valid Federal Fisheries Permit that allows the use of a seine, gill net, trammel net or other entangling net in federal waters may transport such net on board a boat and possess Spanish Mackerel without an Alabama commercial gill net Spanish mackerel permit in the following waters of the State of Alabama: in a marked navigational channel, due_south of the charted position of Bayou La Batre Channel Marker "5", in the Gulf of Mexico due south of Perdido Pass, and for vessels leaving from Billy Goat Hole on Dauphin Island or Fort Morgan Ramp, lower Mobile Bay. All vessels using this Lower Mobile Bay transport exception shall proceed as directly, continuously and expeditiously as possible to or from the Mobile Ship Channel. All vessels using any transport exception shall proceed as directly, continuously and expeditiously as possible to or from Federal waters.
(4) Display of placard: The placard issued by the Department of Conservation and Natural Resources as provided for in Code of Ala. 1975, § 9-12-113(d), shall be visibly displayed on the permittee's designated vessel in a location on the port side of the vessel between the bow and amidship. It shall be unlawful to display an invalid gill net placard on a vessel.
(5)
(a) General minimum mesh size for "inside waters" for fish other than menhaden: Except as otherwise provided in paragraph (5)(c), it shall be unlawful to use or attempt to use any gill net, trammel net or other entangling net to take or attempt to take fish other than menhaden from the "inside waters" under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42 and as defined by Rule 220-3-.04(l) the mesh of which is smaller than one and one-half (1-1/2) inches knot to knot.
(b) Minimum mesh size for menhaden: The mesh size for commercial gill nets, trammel nets, or other entangling nets used for the taking of menhaden shall be one and one quarter (1-1/4) inches knot to knot or larger provided that not more than 5 percent bycatch of other species by number (excluding game fish) may be in possession.
(c) Special October 24 - December 31 mesh size provisions: From October 24 through December 31 of each year a mesh size of tow (2) inches knot to knot or larger shall be required for commercial gill, trammel, or other entangling nets used to take or attempt to take fish other than menhaden in the waters under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42, except that a mesh size of one and one-half (1-1/2) inches knot to knot or larger, but less than tow(2) inches knot to knot, may be used for the taking of fishes other than mullet. Possession of mullet and a gill net with less than a minimum mesh size of two (2) inches knot to knot on board a boat in the waters of Alabama from October 24 through December 31 shall be prohibited.
(6)
(a) Special provisions for certain rivers, bayous, creeks, or streams: It shall be unlawful to use any net or seine in any rivers (except in those portions of the Blakely and Appalachia Rivers south of the 1-10 Causeway), streams, creeks, bayous or tributaries under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42; provided, a seine, commonly known as a minnow seine, the length of which shall not exceed 25 feet and the width or depth of which shall not exceed 4 feet, may be used for the taking of shad or minnows for the exclusive use as fish bait; and provided further, a cast net may be used to take fish other than gamefish. All other fish and seafood taken by a cast net or seine, as allowed under this paragraph, shall be immediately returned to the water from whence they came with the least possible injury. Rivers, streams, creeks, bayous, and tributaries shall be considered closed areas for the purposes of Code of Ala. 1975, § 9-12-113(j)(2).
(b) From September 1 through December 31, it shall be unlawful to possess a gill net, trammel net, any other entangling net, or seine, except a minnow seine as described in paragraph (a), aboard a boat in Fowl River or its tributaries north of Bellingrath Garden boat dock, in Dog River or its tributaries north and west of a line running from the west bank of the mouth of Perch Creek to the east bank of the mouth of Alligator Bayou, or in Theodore Industrial Canal west of a line running north and south at Cedar Point Road (088°-06.50'W) . Any person convicted of the violation of possession of a gill net, trammel net, any other entangling net, or seine aboard a boat as provided by this paragraph shall receive two (2) points toward the 10-point system provided by Code of Ala. 1975, § 9-12-113. Provided further, it shall be illegal to possess fish, except menhaden, in, or in contact with, a net or seine aboard a boat in East or West Fowl River or their tributaries west of Highway 193 and north of Highway 188, Fish River or its tributaries, Magnolia River or its tributaries, or Bon Secour River or its tributaries. Any person convicted of the violation of possession of fish, except menhaden, in, or in contact with, a net or seine aboard a boat as provided by this paragraph, shall receive three (3) points toward the 10-point system provided by Code of Ala. 1975, § 9-12-113.
(7) Special Gulf waters provisions on closures, openings, and mesh size:
(a) From 12:01 a.m. May 15 to 12:01 a.m. the day after Labor Day each year thereafter, all waters of the Gulf of Mexico, from Old Little Lagoon Pass East to the Florida line shall be closed to the commercial use of gill nets, trammel nets, other entangling nets, seines, and haul seines.
(b) It shall be unlawful to use or possess a gill net, trammel net, other entangling net or seine in Alabama waters in the Gulf of Mexico, including Pelican Bay, from March 15 through Labor Day each year from 12:00 noon each Friday through 7:00 pm each Sunday. Except that any person possessing a valid Federal Fisheries Permit that allows the use of a seine, gill net, trammel net or other entangling net in federal waters may transport such net on board a boat in the following waters of the State of Alabama in the Gulf of Mexico: in a marked navigational channel, due south of the charted position of Bayou La Batre Channel Marker "5", and due south of Perdido Pass. All vessels using any transport exception shall proceed as directly, continuously and expeditiously as possible to or from Federal waters.
(c) In addition, all waters of the Gulf of Mexico including Pelican Bay, from the shoreline (including Pelican/Sand Island) out to 0.25 miles shall be closed year round to the commercial use of gill nets, trammel nets, other entangling nets, seines, and haul seines, except as follows:
(i) From 12:01 a.m. March 15 to 12:01 a.m. May 15 each year, the following portion of said waters shall be open to such use from 6:00 p.m. to 6:00 a.m. Monday through Thursday, 12:00 midnight to 12:00 noon on Friday and from 7:00 pm to 12:00 midnight on Sunday: From Old Little Lagoon Pass, East to the Florida Line;
(ii) From 12:01 a.m. October 2 to 12:01 a.m. January 1 each year, the following portion of said waters shall be open to such use 24 hours per day: From Old Little Lagoon Pass, East to the Florida line;
(iii) From 12:01 a.m. on the day after Labor Day through March 14 each year, the following portion of said waters shall be open to such use 24 hours per day: West of Old Little Lagoon Pass in Mobile and Baldwin Counties; and
(iv) From March 15 through Labor Day each year, the following portion of said waters shall be open to such use from 6:00 p.m. to 6:00 a.m. Monday through Thursday, 12:00 midnight to 12:00 noon on Friday and from 7:00 pm to 12:00 midnight on Sunday: West of Old Little Lagoon Pass to the last house on Dauphin Island (located at Longitude 088°-11.500'W).
(v) From March 15 through Labor Day each year, the following portion of said waters shall be open to such use from 7:00 p.m. Sunday through 12:00 noon Friday each week: Those waters west of the last house on Dauphin Island (located at Longitude 088°-11.500'W).
(d) For the purposes of this regulation, Old Little Lagoon Pass is located Longitude 087°-47 ' .826'W.
(e) All Gulf waters including Pelican Bay shall be closed to the use of recreational gill nets.
(f) The minimum mesh size for gill nets permitted under Code of Ala. 1975, § 9-12-113 used to take fish or attempt to take fish in the Gulf of Mexico, shall be one and one-half (11/2) inches knot to knot, except as otherwise provided in paragraphs (2) (roe mullet) and (5)(b) (menhaden). Provided further, it shall be unlawful to possess a gill net in the waters of the Gulf of Mexico including Pelican Bay the mesh of which is smaller than one and one half (11/2) inches knot to knot, except as provided in (5)(b) (menhaden).
(8)
(a) Except as otherwise provided by law or regulation, it shall be unlawful to take or attempt to take any fish in the waters of Alabama under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42 with any seine or purse seine over twenty-five (25) feet in length with a mesh size smaller than three-fourths (3/4) inch knot to knot.
(b) From October 24 through December 31 of each year, it shall be unlawful to use, or attempt to use, any seine to take, or attempt to take, mullet in the waters of Alabama under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42.
(9) There are no mesh size requirements for trawls and cast nets. Cash nets shall only be hand thrown and shall not exceed 30 feet in diameter.
(10) It shall be unlawful to use, to take, or attempt to take fish with, or to possess on board a boat, in the waters of Alabama, any gill nets, trammel nets, or any other entangling net, greater than 80 meshes in depth north of a line running in an eastwardly direction from the north bank of East Fowl River to Middle Bay Light to Great Point Clear.
(11) From October 24 through December 31 of each year it shall be unlawful to use any set nets (gill nets, trammel nets, or other entangling nets, etc.) in the waters of Bon Secour Bay south of the Gulf Intracoastal Waterway from Oyster Bay west to the last Waterway navigational marker and from that point southwestward to the northwestern tip of the Fort Morgan Peninsula. During this time period, this area shall be open to strike nets but these nets cannot be used within 300 feet of any pier, wharf, dock, or boat launching ramp in this area. "Strike net" means a gill net, trammel net, or other entangling net, that is set and used from a boat in a circular pattern and is not anchored or secured to the water bottom or shore and which is immediately and actively retrieved.
(12) From January 1 through 12:01 a.m. the day after Labor Day of each year it shall be unlawful to use any seine, gill net, trammel net, or other entangling net to take or attempt to take any fish in all waters inside of a meandering line beginning at the east end of Dauphin Island at the Park and Beach Board pier and running in a northwestwardly direction along the northern shore of Little Dauphin Island to its intersection with the Dauphin Island Bridge, and then northwardly along the east side of the Dauphin Island Bridge to its intersection with the Gulf Intracoastal Waterway, then westwardly along the southern edge of the Gulf Intracoastal Waterway to Aloe Bay Channel marker "BA, Fl (2+1) G 6s," then southwardly to Aloe Bay Channel marker number "2" and then to the western end of the Dauphin Island Airport runway, then eastwardly along the northern shore of Dauphin Island to the east end of Dauphin Island at the Park and Beach Board Pier.
(13) It shall be unlawful for any person, firm, or corporation to use any gill net, trammel net, seine or purse seine, or other entangling net to take or attempt to take fish in any marked navigational channel, Theodore Industrial Canal, Little Lagoon Pass, Perdido Pass, or any man-made canal (including but not limited to the following bays and canals on Dauphin Island: Quivera Bay, Polaris Lagoon, Port Royal Lagoon, Lafitte Bay, Indian Bay, Indian Canal, Buchanan Bay, Columbia Bay, Colony Cove, Spanish Bay, Barcelona Bay, Salt Creek, Government Cut, and Billy Goat Hole); provided further, it shall be unlawful to use any gill net, trammel net, seine or purse seine, or other entangling net to take or attempt to take fish within 300 feet of the mouth of Dog River, Theodore Industrial Canal, East Fowl River, Old East Fowl River (both entrances), West Fowl River, Bayou Coden, Bayou La Batre, and the Mobile Bay entrance to Billy Goat Hole/Government Cut in Mobile County, or Fly Creek, Fish River, Magnolia River, Graham Bayou, Wolf Creek, Miflin Creek, Roberts Bayou, Palmetto Creek, Soldier Creek, Perdido Pass, and Little Lagoon Pass in Baldwin County.
(14) It shall be unlawful to use any seine, gill net, trammel net, or other entangling net required to be licensed or permitted under Code of Ala. 1975, § 9-12-113, to take or attempt to take fish within 300 feet of any pier, marina, or boat launching ramp. It shall be unlawful to use any seine, gill net, trammel net, or other entangling net to take or attempt to take fish within 300 feet of any of the following "relic" piers: Zundel's, Old Daphne Steamship, Battles, and Quarantine, or within 300 feet of artificial reef areas established and marked by the Marine Resources Division, within the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42; provided further, it shall be unlawful to use any seines or nets in any manner so as to prevent ingress or egress to or from any pier, wharf, dock, marina, or boat launching ramp. The prohibited use areas referred to herein shall be considered closed areas for the purposes of Code of Ala. 1975, § 9-12-113(j)(2).
(15) Gill nets and seines permitted under Code of Ala. 1975, § 9-12-113, shall be marked with the permittee's name and shall be marked at intervals of 100 feet or less along the float line with colored floats that contrast with any other floats used on the float line. Such gill nets shall be marked at intervals of 300 feet or less along the float line with the fisherman's permit number. Permit numbers will remain the same for each year. Any person convicted of the violation of possession on board a boat or use of an unmarked gill net(s) (without the fisherman's permit number marked along the float line as required by this paragraph) shall receive four (4) points toward the 10-point system provided by Code of Ala. 1975, § 9-12-113. Any person convicted of the violation of possession on board a boat or use of an improperly marked gill net(s) (with the fisherman's permit number being marked along the float line in a manner other than as required by this paragraph) shall receive one (1) point toward the 10-point system provided by Code of Ala. 1975, § 9-12-113.
(16) Gill, trammel, and other entangling nets, and seines operated in the waters of Alabama under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42 must be constantly attended by the person licensed or permitted to operate the net. Any person convicted of the violation of an unattended gill, trammel, or other entangling net or seine required to be licensed or permitted under Code of Ala. 1975, § 9-12-113, shall receive three (3) points toward the 10-point system provided for by Code of Ala 1975, § 9-12-113.
(17) There is hereby established a recreational possession limit on mullet caught by cast net or snagging of 25 fish per boat per day or 25 fish per person per day from the shore during the period of October 24 through December 31 of each year. During the period of October 24 through December 31, it shall be unlawful to possess on board a boat, for recreational purposes, more than 25 mullet while cast netting or snagging in waters closed to the use of gill nets. Notwithstanding any provision herein to the contrary, however, from October 24 through December 31, it shall be unlawful to take mullet by snagging (a method of taking fish with one or more hooks attached to a line or artificial lure used in a manner to foul hook a fish. A fish is foul hooked when caught by a hook in an area other than the fish's mouth), or by the use of a cast net in Theodore Industrial Canal, Dog River, Fowl River, or tributaries thereof. It shall be unlawful to take or attempt to take mullet by the use of a cast net within 300 feet of the mouth of Theodore Industrial Canal, Dog River, or Fowl Rive (east and west entrances), these areas shall be considered closed.
(18) It shall be unlawful to remove roe from mullet or otherwise process roe mullet aboard any boat or vessel within the territorial waters of this State.
(19)
(a) A recreational gill net licensee shall have only one net in use at any time and shall possess only one net on board a boat in the waters of Alabama. A recreational gill net shall not be possessed more than 300 feet from shore and, it shall be unlawful to use a recreational gill net required to be licensed under Code of Ala. 1975, § 9-12-123 to take or attempt to take fish beyond 300 feet from any shoreline. It shall be unlawful for a recreational gill net to be on board a boat with a net, seine, or purse seine, required to be licensed or permitted under Code of Ala. 1975, § 9-12-113. It shall be unlawful to use or possess a recreational gill net in conjunction with the use or possession of any net, seine, or purse seine, required to be licensed or permitted under Code of Ala. 1975, § 9-12-113.
(b) A recreational gill net licensee shall take or possess only one standard fish box of whole fish per day. A standard fish box measures 15 inches by 15 inches by 24 inches.
(c) Recreational gill nets licensed under Code of Ala. 1975, § 9-12-123, shall bear a tag or float provided by the Marine Resources Division showing the name and license number of the licensee. The tag shall be affixed to the net any time it is in use or in transit aboard a vessel.
(20) It shall be unlawful to possess game fish in conjunction with the use or possession of any net, seine, or purse seine, required to be licensed or permitted under Code of Ala. 1975, § 9-12-113, or required to be licensed under Code of Ala. 1975, § 9-12-123. Commercial fishermen shall not possess game fish. Any person convicted of the violation of possession of game fish in conjunction with the use or possession of any net, seine, cast net, or purse seine required to be licensed or permitted under Code of Ala. 1975, § 9-12-113, shall receive four (4) points toward the 10-point system provided for by Code of Ala. 1975, § 9-12-113.
(21) It shall be unlawful to use or possess on board a vessel a gill, trammel, or other entangling net or seine that does not have one float or cork at least two (2) inches in diameter at intervals of five feet or less along the float line; or a buoy with a diameter of a least six (6) inches at intervals of fifty feet or less along the float line.
History
(1)
(a) Unless the context clearly indicates otherwise, in this regulation, the term "public access area" shall include any state-owned, leased, and/or operated, boat launching and/or landing access area, parking lot, ramp, pier (unless Gulf State Park Pier), and any real or personal property within the boundaries of said areas.
(b) For the purpose of all laws and regulations pertaining to seafoods, the phrase "inside waters of the State of Alabama" includes all waters north of a line extending from the Florida-Alabama line westward along the shore to Alabama Point, thence along the Baldwin County beaches of the Gulf of Mexico to the intersection with the Territorial Sea line on Fort Morgan Peninsula, known as Mobile Point (30°-13.46'N, 088°-01.72'W), thence following the Territorial Sea Line across the mouth of Mobile Bay to Dauphin Island (30°-14.77'N, 088°-04.48'W), thence along the Dauphin Island beaches of the Gulf of Mexico to the intersection with the Territorial Sea Line on the west point of Dauphin Island (30°-13.72'N, 088°- 19.81'W),thence following the Territorial Sea Line southwest to the intersection with the Alabama-Mississippi state line (30°-12.82'N, 088°-23.54'W).
(2) It shall be unlawful to mutilate, destroy, move from location, tie to or otherwise disturb any buoy, sign, piling, pole or other marker established or maintained by the Division of Marine Resources to mark fishing reefs, oyster reefs, parking areas, restricted areas or other areas of concern or to mutilate, destroy, move from location or otherwise disturb any fixed or anchored sampling device used in research in the waters under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42.
(3) Picnicking, except at tables provided, and camping are prohibited at all public boat launching areas and ramps operated by the Department of Conservation and Natural Resources, Marine Resources Division.
(4) The mooring of boats, houseboats, and other watercraft except in emergencies, is unlawful at all public launching areas, ramps and docking facilities. It shall be unlawful to drydock, store, or abandon, any vessel, vehicle, trailer, or any other personal property at any public access area operated by the Department of Conservation and Natural Resources, Marine Resources Division except in cases of emergencies or mechanical breakdowns in which case the property should be removed within 24 hours. Abandoned personal property shall be subject to disposal in accordance with the law. Violators may be towed.
(5) It shall be unlawful for any person, firm, or corporation, to operate any privately owned business, such as jet ski or boat rental businesses, at any public access area, provided however, that nothing in this regulation shall prevent the normal launching and retrieving of such vessels if the rental vessels are not left unattended at the public access area parking areas, ramps or docks. Persons using rental vessels shall park in areas designated for single vehicles only or when such areas are not designated shall not leave vehicles at public access areas. No industrial or construction equipment such as barges, dredges, boom trucks, etc. are to be loaded or unloaded from any public access area under the jurisdiction of the Marine Resources Division of the Department of Conservation and Natural Resources without the specific written authorization of the Director of the Marine Resources Division.
(6) Persons using access areas operated by the Marine Resources Division of the Department of Conservation and Natural Resources shall park their vehicles and trailers in designated parking areas only, or when areas are not designated, in such a way so as not to block any part of the ramp or approach to the ramp, block other vehicles, or to interfere with the use of the boat landing or parking lot by other people. It shall be unlawful to park vehicles without boat trailers in double size spaces, or to park in the designated handicapped parking spaces without proper permit displayed. Trailers or vessels on trailers that are not attached to a vehicle shall not be left unattended at public access areas. Vehicles with vessels on trailers shall not be stored at public access areas. Violators may be towed. Launching vessels in any area other than the designated ramp is prohibited.
(7) It shall be unlawful to litter, discard dead fish, fish parts or carcasses or other dead seafood on any land or into the water area, at public access areas, or to place dead fish, fish parts or carcasses in refuse containers provided, at public access areas. Fish caught from launching areas and ramps shall be removed by the fisherman. Any person taking fish or other seafood in the territorial waters of this State shall use all reasonable means available to return unwanted and undersized seafood species to the water as soon as possible and in such a manner as to leave them uninjured.
(8) It shall be unlawful for any person to discard dead fish, fish parts or carcasses or other dead seafood within 500 feet of any shoreline; provided further, it shall be unlawful for any person aboard a shrimping vessel to discard any dead seafood or bycatch into the waters of the Gulf of Mexico (including Pelican Bay) within three (3) miles of the gulf beaches. Discarding dead fish or other dead seafoods into any creek, bayou, river or stream shall be unlawful.
(9) It shall be unlawful to bring pets of any type into a state public access area unless it is crated, caged, or upon a leash, or otherwise under physical restrictive control at all times.
(10) It shall be unlawful to consume alcoholic beverages at any public access area under the jurisdiction of the Marine Resources Division of the Department of Conservation and Natural Resources.
(11) It shall be unlawful to fish or clean fish, swim, dive, sunbathe, or jump, from docks or ramps, on or within 100 feet of any boat ramp, or boat ramp pier, at any public access area operated by the Marine Resources Division of the Department of Conservation and Natural Resources. Any activity that may interfere with the intended use of the facility by the public shall be prohibited.
(12) It shall be unlawful to operate any unlicensed vehicles including but not limited to, all-terrain vehicles, motorcycles, golf carts or other such motor driven conveyances, on or in, any public access area property under the jurisdiction of the Marine Resources Division of the Department of Conservation and Natural Resources without written authorization from the Director of the Marine Resources Division. Driving any vehicle carelessly and heedlessly disregarding the rights or safety of others, or without due caution and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be unlawful.
(13) It shall be unlawful to loiter, camp, picnic (except when tables are provided), build or tend a fire (except in designated areas), remove, destroy or deface state property, or discharge firearms, or possess, discharge, or set off any fireworks at any public access area under the jurisdiction of the Marine Resources Division of the Department of Conservation and Natural Resources.
(14) It shall be unlawful to cut, destroy, damage, or remove, any such tree, shrub, bush, plant, or flower growing at any public access area under the jurisdiction of the Marine Resources Division of the Department of Conservation and Natural Resources without written authorization from the Director of the Marine Resources Division.
(15) The Marine Resources Division of the Department of Conservation and Natural Resources shall not be responsible for any accident or injury to any person while at or in public facilities. Any person coming within the boundaries of the public access areas, shall by such entrance or use, waive any claim against the State of Alabama, its employees, or its agents for accident or injury to person or property, occurring while on or within the said public access areas.
(16) It shall be unlawful to solicit, sell, advertise, or install any sign on any public access area, without the written authorization of the Director of the Marine Resources Division.
History
History
History
(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:
"Red drum" means sciaenops ocellata and includes all parts of that fish.
"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:
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;
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; or
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).
(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.
History
(1) Seasons and Times . Certain public water bottoms of Alabama not closed by the Department of Public Health, may be opened for the taking of oysters but only from 7:00 a.m. to 2:00 p.m. Monday through Friday of each week and only from October 1 through April 30 of the following year. At the direction of the Commissioner through his designee, the Director of the Marine Resources Division, certain water bottoms shall be opened on designated Saturdays from 7:00 a.m. to 12:00 noon. Notification of the opening and closing of state waters to harvests shall be made through a press release. All oysters taken from the public reefs shall be landed within one hour of the closure time each day. All public water bottoms shall be closed to the taking of oysters from May 1 through September 30 of each year. The dates and times that public water bottoms will be open to the taking of oysters will be designated by the Director of the Marine Resources Division and will be publicized using a news release.
(2) Areas . The areas that will be open to the taking of oysters will be designated by the Director of the Marine Resources Division.
(3) Harvest Limits . The commercial harvest of oysters by licensed oyster catchers shall be limited to eight (8) sacks or approved containers per licensed oyster catcher per day [according to the standard Alabama measure of one-quarter (1/4) Alabama barrel per sack or container] or eight (8) sacks per boat per day regardless of the number of licensed oyster catchers on board the boat; provided further, no licensed oyster catcher may move to another boat or transfer his catch to, or place his catch in, another boat for purposes of avoiding the requirements of this regulation. A boat towed to or from the public oyster reefs and upon which oysters are transported from the public oyster reefs shall be considered as part of the towing boat for the purposes of the daily limit of eight (8) sacks or containers per boat, unless a licensed oyster catcher or catchers remains on board the boat at all times while on the public oyster reefs or transporting oysters from the public oyster reefs.
History
It shall be unlawful to take or attempt to take, or possess, king mackerel, for commercial purposes, from the waters of the State of Alabama. In addition, it shall be unlawful to purchase, barter, trade, or sell any king mackerel taken from the waters of the State of Alabama on or after the effective date of this regulation, regardless of the purpose for which said fish were taken. This regulation shall expire on July 1, 1993.
Author: James D. Martin
History
It is unlawful for any person to take or have in possession, for commercial or recreational purposes, more than two (2) Ling (Cobia), from the waters of the State of Alabama.
Author: James D. Martin
History
Effective at Midnight on May 14, 1992, it shall be unlawful to take, harvest, or possess, for commercial purposes, Red Snapper, from the waters of the State of Alabama.
Author: James D. Martin
History
(1) Oyster tags issued by the Department of Conservation and Natural Resources, Marine Resources Division, to be placed on each sack of oysters harvested for commercial purposes (as provided by Section 9-12-67, Code of Ala. 1975) or noncommercial purposes shall be identified in accordance with the requirements of the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, as adopted by the state Department of Public Health.
(2) All oysters harvested from public reefs must be landed at the Oyster Management Station where tags shall be purchased and the information shall be completed or supplied (as required by the Marine Resources Division) by the harvester and the tag shall be immediately attached to each sack or container of oysters before leaving the Oyster Management Station.
(3) Harvesters operating on private or aquaculture areas shall purchase appropriate harvest tags prior to harvesting oysters. Each sack or container must be tagged immediately and have the time of harvest written on the tag.
(4) Bulk tagging may be utilized by licensed aquaculture sites, in accordance with the requirements of the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, as adopted by the state Department of Public Health, for transportation from harvest location to a certified shellfish dealer or processor.
(a) Oysters, held in bulk and intended for raw consumption, must be harvested within the Time and Temperature Matrix established by the state Department of Public Health.
(5) Sale to Individuals or businesses, other than certified shellfish shippers or processors, is prohibited.
(6) As provided by law, upon emptying each sack or container, oyster tags shall be removed and filed or disposed of as required by the rules of the Alabama Department of Public Health. It shall be unlawful to possess empty oyster sacks or containers with tags attached.
(7) Dealers shall follow the same procedure on sacks, containers or bulk units of Alabama oysters being shipped as shellstock. The dealer shall then identify shellstock shipments as provided by rules of the Alabama Department of Public Health.
History
(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.
History
(a) Section 9-12-150, Code of Ala. 1975, provides for the regulation of artificial fishing reefs and related activities.
(b) Vessels transporting permitted artificial reef material shall depart the dock and deploy said material only during the hours of one hour before sunrise to one hour after sunset and only on Monday through Friday of each week; provided, however, that a person, firm, corporation, or association may during such hours on weekends also transport such material within the inside waters of Alabama as defined by Rule 220-3-.04 to stage material for deployment; and provided, further, however, that a person, firm, corporation or association may, upon written authorization of the Marine Resources Director, be authorized to transport materials during other hours of the day or night or other days of the week, as determined by the Marine Resources Director.
(c) Rule 220-3-.26, as previously adopted, is hereby repealed in its entirety.
(e) Any person violating any of the provisions of this regulation shall be punished as provided by law.
History
During such period of time that the federal waters (adjoining Alabama waters) are closed to the commercial harvest of King Mackerel, it shall be unlawful to take, harvest, or possess, for commercial purposes, King Mackerel, from the waters of the State of Alabama.
Author: James D. Martin
History
(1) Individuals fishing in the waters of the State of Alabama are limited to the following daily bag limits and possession limits for recreational purposes:
| Spotted seatrout | 6 | | --- | --- | | Red drum | 3 No person who is subject to the jurisdiction of the State of Alabama shall possess a red drum in federal waters | | Red snapper | 2 | | Gray snapper | 10 | | Vermillion Snapper | 10 | | Flounder | 5 (Commercial limit is 40 per person and 40 per vessel) | | Sheepshead | 10 | | Spanish mackerel | 15 | | King mackerel | 3 | | Greater amberjack | 1 | | Striped bass when caught in areas under Marine Resources Division jurisdiction as provided in Rule 220-2-.42 | 2 | | Grouper | 4 fish in aggregate (No more than 2 red grouper and no more than 2 gag grouper included in aggregate) | | Cobia | 2 (Commercial limit is 2) | | Florida pompano | 3 (Commercial limit is 3) | | Gray triggerfish | 1 (Commercial limit is 16 per vessel) | | Tripletail | 3 (Commercial limit is 3) | | Atlantic sharpnose shark | 1 | | Bonnethead | 1 | | All other shark species | 1 |
Recreational and commercial harvest of the following species is prohibited: Atlantic angel shark, Atlantic manta, Basking shark, Bigeye sand tiger shark, Bigeye sixgill shark, Bigeye thresher shark, Bignose shark, Caribbean reef shark, Caribbean sharpnose shark, Dusky shark, Galapogos shark, Largetooth sawfish, Longfin mako shark, Narrowtooth shark, Night shark, Sand tiger shark, Smalltooth sawfish, Smalltail shark, Sevengill shark, Sixgill shark, Spotted eagle ray, Whale shark, White shark, Nassau grouper, and Goliath grouper (Jewfish).
Recreational and commercial harvest of the following sharks is prohibited, with the listed exceptions: Sandbar (unless the fisherman possesses a NOAA Fisheries sandbar shark research permit) and Silky (unless the fisherman possess a Federal Atlantic commercial shark vessel permit).
There is a 20-fish aggregate bag limit for reef fish species (as defined in 50 CFR 622 Table 3 of Appendix A) for which there is no other bag limit.
(2) It is unlawful to have in possession for commercial or recreational purposes fish taken from Alabama waters smaller than those stated below, provided that in the recreational possession limit of three (3) Red drum, one (1) Red drum may exceed the maximum size and in the possession of six (6) spotted seatrout, one (1) may exceed the maximum size. In addition, no lesser amberjack or banded rudderfish may exceed the maximum length.
| Spotted seatrout | 15 inches total length but not over 22 inches total | | --- | --- | | Red drum | 16 inches total length but not over 26 inches total | | Red snapper | 16 inches total length (recreational) | | 13 inches total length (commercial) | | | Gray snapper | 12 inches total length | | Vermilion snapper | 10 inches total length | | Lane snapper | 8 inches total length | | Flounder | 14 inches total length | | Sheepshead | 12 inches fork length | | King mackerel | 24 inches fork length | | Greater amberjack | 34 inches fork length (recreational) | | 36 inches fork length (commercial) | | | Lesser amberjack | 14 inches to 22 inches fork length slot limit | | Banded rudderfish | 14 inches to 22 inches fork length slot limit | | Striped bass | 16 inches total length When caught in areas under Marine Resources Division jurisdiction as provided in Rule 220-2-.42 | | Gag grouper | 24 inches total length (recreational) | | 24 inches total length (commercial) | | | Black Grouper | 24 inches total length | | Red Grouper | 20 inches total length (recreational | | 18 inches total length (commercial) | | | Yellowfin Grouper | 20 inches total length | | Scamp | 16 inches total length | | Cobia | 33 inches fork length | | Florida pompano | 12 inches total length | | Gray triggerfish | 15 inches fork length (recreational) | | 14 inches fork length (commercial) | | | Tripletail | 18 inches total length | | Tarpon | 60 inches total length (requires permit) | | Atlantic sharpnose and Bonnethead shark | no minimum size | | Great hammerhead shark | 78 inches fork length | | Smooth hammerhead shark | 78 inches fork length | | Scalloped hammerhead shark | 78 inches fork length | | All other shark species | 54 inches fork length (recreational) | | 30 inches dressed length -head and tail removed Commercial - no minimum size | | | Yellowfin tuna | 27 inches curved fork length | | Bigeye tuna | 27 inches curved fork length |
(3) It shall be unlawful to use any snag line, trot line, long line or other hook and line device containing more than five (5) hooks in any waters of Alabama under the jurisdiction of the Marine Resources division as provided by Rule 220-2-.42; provided, however, from 12:01 a.m., January 1 to 12:00 midnight April 30 of each year, trotlines may be used to take legal species other than saltwater gamefish in those waters in the Marine Resources Division jurisdiction east of the Mobile Ship Channel and north of a line running from Mobile Ship Channel Marker 78 eastward to Blakely River Channel Marker 2, and then due east to the shoreline. For the purpose of this provision, "trotline" means any setline which is less than 300 feet in length with no more than 50 hooks tied at various intervals along its length. A float, no smaller than 6 inches in diameter, marked with the license number of the owner shall be attached to each end of the trotline (the license number shall be at least 1 inch in height and colored to be a definite contrast with the color of the float).
(4) It shall be unlawful to possess in Alabama any species of saltwater fish or seafood product taken in Federal waters or the waters of another state unlawfully in violation of any applicable Federal or other state creel, possession, or size limit.
(5) Any vessel or individual required to possess a federal permit to harvest or retain marine aquatic species must possess such permit to possess or land such marine aquatic species in Alabama.
(6) All finfish shall be maintained with head and fins intact through landing. Sharks, swordfish and tuna species may be landed in the form permitted by the Federal Fisheries Regulations.
(7) Any finfish possessed in Alabama and harvested in federal or waters of another state that does not have a size, bag or creel limit must abide by Alabama size, bag and creel limits for that species.
(8) Hook requirements for certain saltwater species: 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. Anglers fishing for, retaining, possessing, or landing sharks must use non-offset non-stainless steel circle hooks when using natural bait
(9) Possessing, taking, or attempting to take flounder harvested in the waters of Alabama for commercial or recreational purposes from November 1 through November 30 of each year is prohibited.
History
(1) No person, firm, or corporation shall take, catch, sell, transport, or possess blue crabs that measure less than five inches (5") carapace width as measured from the tip of one lateral spine to tip of the opposite lateral spine. Provided, however, this limitation does not apply to soft-shelled crabs or to pre-molt crabs if the pre-molt crabs are taken solely for the purpose of shedding and held in compliance with applicable laws and regulations. Exempted pre-molt crabs shall exhibit, at a minimum, a pink or red line on the back paddle fin, which is recognized by the crab industry as a preliminary pre-molt stage.
(a) Softshell or pre-molt crabs must be held in a separate container, marked "peelers" or "busters", from those crabs of legal size while in the possession of the fisherman.
(b) Pre-molt crabs in the possession of, or held by, a dealer for sale or processing as softshell crabs, are exempted from the minimum prescribed size limit, if identified as pre-molt crabs, and held in separate containers marked "peelers" or "busters".
(c) Crabs in a work box shall not be subject to the minimum prescribed size limit while aboard the vessel. Commercial crab fishermen shall be allowed to have in possession aboard the vessel two work boxes. Crab boxes which are sealed or covered, other than by a grader, shall not be considered a work box.
(d) Except from January 15 through May 15, all egg bearing females, otherwise known as gravid, berried or sponge crabs, must be immediately returned to the water. Possession of egg bearing female crabs shall be prohibited with the exception of January 15 through May 15.
(2) Commercial crab fishermen shall tag or mark any containers of Alabama crabs in possession, or that are sold, in a manner which will ensure that such commercial crab fisherman can be identified as the person who harvested the crabs. Such identification required shall be the full name of the crab fisherman and the number issued to the commercial crab fisherman by the Marine Resources Division and the date on which the crabs were harvested. All containers of Alabama crabs in the possession of a dealer shall be tagged, marked, or otherwise identified in this manner. The identification number shall be assigned by the Marine Resources Division when the fisherman purchases his or her commercial crab "catcher's" license. For subsequent years, the same identification number shall be assigned to the same commercial crab fisherman.
(3) Crabs taken by a licensed live bait dealer for sale as bait shall not be subject to the minimum prescribed size limit.
(a) Crabs taken for bait by licensed recreational shrimp boats shall not be subject to the minimum prescribed size limit but such boats are limited to no more than the number of crabs held by a one (1) gallon container per boat per day.
(b) Crabs taken by licensed commercial or recreational shrimp boats in waters open to commercial shrimping are limited to no more than one five-gallon container of legal size crabs in possession per boat unless the operator possesses a valid commercial "crab catcher's" license.
(4) Persons, firms, or corporations may import crabs for commercial purposes from a licensed dealer or fisherman residing outside the State of Alabama, provided, such crabs were taken and shipped pursuant to that state's laws and regulations. Containers of crabs shall be marked, tagged, or otherwise identified as required by the laws and regulations in that state.
(a) A bill of sale or other proof of purchase showing the non-resident dealer's or fisherman's name and address, pounds or number of containers purchased, and date of purchase shall be maintained at the place of business for a period of one year, and shall be available for inspection and presented without delay upon request by a conservation enforcement officer or other authorized agent.
(b) Persons who have caught crabs from the waters of another state may import those crabs into the State of Alabama for commercial purposes, provided, said crabs were legally taken, licensed, and transported pursuant to that state's laws and regulations. Containers of crabs shall be marked or tagged with the fisherman's full name, commercial crab fisherman's license number issued by that state, and the date of harvest.
(5) Traps used to take crabs or other seafood shall not exceed twenty-seven (27) cubic feet in volume.
(6) All crab traps must contain at least two (2) unobstructed escape rings with a minimum inside diameter of 2 5/16 inches located on a vertical surface. There must be one ring per chamber.
(7) From April 1 through September 30, a licensed crab catcher may obstruct or remove the escape rings, after obtaining a permit from the Marine Resources Division, for the purpose of catching pre-molt crabs, otherwise known as "busters" or "peelers".
(8) Each commercial crab trap shall be marked with at least one (1) buoy no smaller than six inches (6") in diameter. At least one-half (1/2) of the buoy shall be white. Buoys shall be attached to the traps by use of a weighted line to prevent the line from floating. Plastic bottles are prohibited for use as a commercial crab trap buoy.
(a) It shall be unlawful to set or place in the waters of this state any commercial crab trap which does not have attached a float, as described above, marked with the identification number of the owner of the trap. Such number shall be at least one inch in height and colored to be a definite contrast with the color of the float, of block character, and spaced so as to be readable from left to right above the water line.
(b) The owner identification number of traps must be painted or affixed to each side of the vessel used to harvest crabs from said traps. The identification number shall be block type, a minimum of three (3) inches in height and contrasting to the background.
(9) It shall be unlawful to remove crab traps from the water or remove crabs from crab traps during the hours from sunset to one (1) hour before sunrise the following day.
(10) It shall be unlawful to set or place any commercial or recreational trap used for the taking of crabs or other seafood in the access canals to Heron Bay (west of and adjacent to State Highway 193) or within three hundred (300) feet of any navigation channel marked by a lawfully established system of waterway markers or within three hundred (300) feet of any public boat launching ramp or public pier, Heron Bay Cutoff, or the mouth of West Fowl River, Weeks Bay, Fish River, Magnolia River, any man-made canal, or in any manner so as to prevent ingress or egress to or from any pier, wharf, dock, marina, or boat launching ramp.
(11) It shall be unlawful to set or place any commercial trap used for the taking of crabs or other seafood in Mobile River, Dog River, Theodore Industrial Canal, Fowl River, the northwest arm of Heron Bay, Heron Bayou (off northwest arm of Heron Bay), Bill's Bayou ( in Heron Bay) Bayou Coden, Bayou La Batre, or their tributaries, in Mobile County, Fly Creek, Fish River, Magnolia River, Bon Secour River north of channel Markers 7 and 8, Wolf Creek, Sandy Creek, Miflin Creek, Hammock Creek, Roberts Bayou, Soldier Creek, Palmetto Creek, Old River (between Ono Island and Perdido Key), or their tributaries, in Baldwin County, or in any man-made canal (including but not limited to the following on Dauphin Island: Quivera Bay, Polaris Lagoon, Port Royal Lagoon, Lafitte Bay, Indian Bay, Indian Canal, Buchanan Bay, Columbia Bay, Colony Cove, Spanish Bay, Barcelona Bay, Confederate Bay, Salt Creek (Heron Bayou), Government Cut, and Billy Goat Hole).
(12) It shall be unlawful to set or place any recreational trap used for the taking of crabs or other seafood in any area named in paragraph "(H)" of this regulation, unless such trap shall be physically attached by a line to a pier, dock, piling, bulkhead, boathouse, or other structure, on or attached to the shore. Such line shall allow the crab trap to be placed no farther than a distance of ten feet (10') from the pier, dock, boathouse or shoreline. No more than five traps shall be allowed per property.
(13) Recreational crab traps shall be marked with an orange floating, visible buoy not less than six inches (6") in diameter or width. The buoy shall have a legible letter "R", at least two inches (2") high, permanently affixed to it.
(14) Crab traps which are no longer serviceable or in use shall be removed from the water by the owner thereof. No person shall intentionally damage or destroy crab traps or the floats or lines attached thereto.
(15) During the first and second day of each calendar month, a validly licensed crab catcher may recover crab traps that are unidentified and derelict or abandoned. The catcher shall report to the Marine Resources Division the number traps recovered, the location of the recovery of each trap, and any additional information required by the Division. The report shall be made no later than the close of the business day following the recovery of a crab trap (excludes holidays and weekends).
(16) Any unidentified, improperly marked, or illegally placed crab trap shall be considered a nuisance and may be confiscated by a conservation enforcement officer or other authorized agent of the Department of Conservation and Natural Resources.
(17) Any person, firm, or corporation taking, catching, selling, transporting, or possessing crabs shall have in their possession a valid license, if applicable, for such activity. Such license shall be immediately available for inspection, upon request, by a conservation enforcement officer or other authorized agent.
History
(1) Except as otherwise provided by law or regulations, it shall be unlawful to use purse seines for the taking or attempting to take fishes of other than those of the families Clupeidae (menhaden and herrings) and Engraulidae (anchovies) in the territorial waters of this State; provided however, that an incidental bycatch of five (5) percent by number of other fishes (excluding game fish) is allowable while purse seining in Alabama waters.
(2) It shall be unlawful for any person, firm or corporation to take or attempt to take menhaden by purse seine except as follows:
(a) The starting date for the commercial menhaden season in the territorial waters of Alabama shall be the third Monday in April and the closing date shall be November 1 of each year (both dates inclusive).
(b) The taking of menhaden by purse seine shall be permitted only in those waters of the Gulf of Mexico as described below:
Mississippi Sound South and west of a line extending from the eastern tip of the South Rigolets (30°21'. 120N, 088°23'. 490W) Westward to the charted position of Bayou LaBatre Channel marker "19", then running due south to its intersection with Dauphin Island, except those waters lying within one (1) mile of the shoreline of Dauphin Island shall be closed. The Gulf of Mexico for a distance of three (3) miles, except those waters lying within one (1) mile of the Gulf Beaches shall be closed.
Author: James D. Martin
History
(1) It shall be unlawful to take or attempt to take, catch, or attempt to catch, possess, molest, injure, kill, feed, harass, or do any other activity, including any act of pursuit, torment, or interaction, that causes disruption of behavioral patterns or otherwise interferes with the normal activity or well-being of, any marine turtles, mammalian dolphins (porpoises), and manatees, except as may be authorized by a valid permit.
(2) It shall be unlawful to take, catch, molest or have in possession marine (saltwater) turtles whether on land or in any of the waters of Alabama, or to take or disturb or have in possession the eggs of such turtles.
The term marine (saltwater) turtles shall include, but is not limited to, the following species: Atlantic Loggerhead, Atlantic Green Turtle, Atlantic Ridley, Atlantic Hawksbill and the Atlantic Leatherback.
(3) Any person, firm or corporation desiring to take, catch, move, transport or possess one (1) or more marine mammals or marine turtles or the eggs of marine turtles from the waters or land masses of this State for scientific, education or exhibition purposes shall apply for a permit to the Department of Conservation and Natural Resources, Marine Resources Division. Upon determining that interest in science or education will be served thereby, the Director of the Marine Resources Division may issue a permit specifying the number of marine mammals or marine turtles or the eggs of marine turtles to be taken.
(a) Any person, firm or corporation desiring to hold one (1) or more marine mammals or marine turtles or the eggs of marine turtles in captivity shall provide and maintain facilities which meet the requirements of the Director of the Marine Resources Division.
(b) No marine mammals or marine turtles or the eggs of marine turtles shall be shipped within or outside the State without a special permit from the Director of the Marine Resources Division which may require such information as he deems necessary relative to the adequacy of holding facilities of the recipients and a permit for such equipment shall be granted only when the Director determines the facilities are adequate.
History
There is hereby established a closed fishing season for the taking or harvesting of crabs by the use of crab traps in any waters in the Mobile Delta north of the line as provided by Rule 220-2-.42(1) of the Department of Conservation and Natural Resources, that line therein being described as Interstate Highway 10 eastbound land (except that portion of Interstate Highway 10 which lies north of State Highway 90 Battleship Parkway, in which case the line follows the Battleship Parkway). Any person attempting to take or harvest, or taking or harvesting, crabs by the use of crab traps in the area of the closed season shall be in violation of this regulation.
Author: James D. Martin
History
(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."
History
Effective November 13, 1996, there is hereby established a closed fishing season for the taking or attempting to take fish by the use of any gill net, trammel net, or other entangling net, in Old River (Baldwin County), south of a line beginning at the easternmost point of Ono Island running in a westwardly direction along the south shore of Ono Island and ending at the westernmost point of Ono Island. Any person using, or attempting to use, any gill net, trammel net, or other entangling net, in the areas of the closed season shall be in violation of this regulation.
Author: James D. Martin
History
(1) Season on Sharks for Commercial Purposes: During such period of time that the federal waters adjacent to Alabama waters are open to the commercial harvest of a shark species as defined by federal law or regulation, the Alabama waters of Mobile Bay, Bon Secour Bay, Mississippi Sound, and the Gulf of Mexico south of the Gulf Intracoastal Waterway and west of Little Lagoon Pass( 87° 44.4' W longitude) shall be open to the harvest of such sharks for commercial purposes from 12:01 AM each Monday through 11:59 PM each Friday (no weekends), except that commercial harvesting of sharks shall be prohibited from 12:01 AM through 11:59 PM on each of the following holidays: Memorial Day, Independence Day, and Labor Day. When federal waters adjacent to Alabama waters are closed to the commercial harvest of a shark species, it shall be unlawful to take, harvest, or possess, or attempt to take, harvest, or possess, for commercial purposes, such sharks from the waters of the state of Alabama.
(2) Closed Season and Zero Possession Limit on Certain Species for Commercial Purposes: No person shall take, possess, or attempt to take or possess, from the waters of the state of Alabama, for commercial purposes, any of the following species:
(a) Basking shark - Cetorhinus maximus
(b) White shark
(c) Bigeye sand tiger - Odontaspis noronhai
(d) Bigeye sixgill shark - Hexanchus nakamurai
(e) Bigeye thresher shark
(f) Sand tiger - Odontaspis taurus
(g) Whale shark - Rhincodon typus
(h) Dusky shark - Carcharhinus obscurus
(i) Smalltooth sawfish - Pristis pectinata
(j) Largetooth sawfish - Pristis
(k) Atlantic angel shark - Squatina dumerili
(l) Bignose shark - Carcharhinus altimus
(m) Caribbean reef shark - Carcharhinus perezii
(n) Caribbean sharpnose shark - Rhizoprionodon porosus
(o) Galapagos shark - Carcharinus galapagensis
(p) Longfin mako shark
(q) Narrowtooth shark - Carcharhinus brachyurus
(r) Night shark - Carcharhinus signatus
(s) Smalltail shark - Carcharhinus porosus
(t) Sixgill shark- Hexanchus griseus
(u) Sevengill shark - Heptranchias perlo
(v) Silky Shark- Carcharhinus falciformis
(w) Sandbar shark - Carcharhinus plumbeus (unless the fisherman possess a NOAA Fisheries sandbar shark research permit).
(3) Bycatch Provision on Sharks for Commercial Purposes: Regardless of the open or closed status of federal and Alabama waters regarding the directed harvest of sharks, gill net fishermen targeting other fish shall be allowed to keep, for commercial purposes, an incidental bycatch of dressed weight of sharks (carcasses and fins) (except those species listed in (b) above) totaling no more than ten (10) percent by weight of other fish taken.
(4) Hook Requirement: Anglers fishing for, retaining, possessing, or landing sharks must use non-offset non-stainless steel circle hooks when using natural bait.
History
History
(Repealed).
Author: James D. Martin
History
(a) All oysters taken from the public oyster bottoms shall be culled and sacked by the time of public water bottom closure each day. Any unculled or unsacked oysters on board a boat at the time of public water bottom closure, shall be immediately replaced and scattered upon the reef from which they have been taken and the boat shall then immediately leave the public reefs and proceed to a landing.
(b) All oysters shall be culled upon the reef from which they were taken. No oysters shall be culled or sacked on board a boat in waters closed to the harvesting of oysters. No oysters from a public reef shall be culled upon a private reef.
(c) It shall be unlawful to possess oysters taken from a private lease and oysters taken from a public reef on board a boat at the same time.
History
(1) Bait Fishery Defined; Fishery Restrictions: An experimental offshore bait purse seine fishery in Alabama's territorial waters of the Gulf of Mexico for schooling, pelagic fish species (listed in paragraph (c) hereof) to be marketed exclusively as bait is herein authorized. It shall be unlawful for any person, firm, or corporation to use a bait purse seine in Alabama's territorial waters of the Gulf of Mexico except as follows:
(a) Gear Specifications: Purse seines utilized in taking or attempting to take bait fish species in the offshore territorial waters of the State of Alabama must b constructed entirely of one-half (1/2) inch knot to knot mesh webbing. This gear will be referred to in this rule as a "bait purse seine." The use of any purse seine in this bait fishery constructed of webbing sized other than as provided herein is illegal, and the possession on board in the waters of Alabama of a bait purse seine in which the webbing is sized other than as specified in this rule is prohibited.
(b) Waters Open to the Fishery: The taking of finfish species as bait by bait purse seine shall be permitted in all of Alabama's territorial waters of the Gulf of Mexico south of a line one-fourth (1/4) mile from the shoreline, including Pelican/Sand Island, seaward to a distance of three (3) miles from shore. These waters shall be open Monday through Friday except on state or national holidays. It shall be unlawful to take or attempt to take bait species using a bait purse seine in any inside waters of the State of Alabama defined by Rule 220-3-.04(1) or in Pelican Bay (described as those waters encompassed by a line running south from Mobile Point Light at Fort Morgan to Sand Island Tower (Lighthouse), then northwesterly along the contour of Sand/Pelican Island, and then from the west end of Pelican Island to the Dauphin Island Park and Beach Board pier, then east along the shoreline of Dauphin Island to the most southeastern tip of Dauphin Island and from this point southeastwardly across the mouth of Mobile Bay to Mobile Point Light at Fort Morgan).
(c) Species Restrictions. A bait purse seine may lawfully be used for taking or attempting to take only the following fishes to be market expressly as bait:
Round scad Decapterus punctatus
Round scad Trachurus lathami
Bigeye scad Selar crumenopthalmus
Chub mackerel Scomber japonicus
Ladyfish Elops saurus
Blue runner Caranx crysos
(d) License Requirement: The operator of any vessel upon which a bait purse seine is possessed must hold a valid Alabama purse seine license.
(e) Observer Requirement: Any vessel upon which a bait purse seine is possessed must have a bona fide fishery observer on board or comply with reporting requirements as determined by criteria established by the Director, ADCNR/Marine Resources Division when such vessel is away from port and on the fishing grounds.
(f) Landing Requirement: All fish taken as bait by bait purse seine in Alabama waters by a duly licensed bait purse seine vessel must be landed in the State of Alabama.
(g) Reporting Protocol: Each bait purse seine vessel operator must submit reports in standardized form detailing catch, fishing conditions, and fishing equipment by individual fishing trip to the ADCNR/Marine Resources Division at weekly intervals. Reports will be submitted each Tuesday, detailing fishing activities for the previous Monday through Friday fishing week.
(h) The bait purse seining activities conducted pursuant to this rule shall not be construed as purse seining for the purpose of Section 9-12-115.1, Code of Ala. 1975.
(2) By-catch Restrictions. It shall be unlawful in the territorial waters of Alabama to retain or possess any duly designated "game fish" on board any vessel upon which at bait purse seine is concurrently possessed. By-catch allowances for species other than gamefish expressed as a percentage of targeted catch will be deferred until such time as representative biological and catch data can be compiled. Data regarding allowable by-catch (non-gamefish) will be compiled on a per trip basis.
(3) Closure Provisions: Due to the novelty of this fishery, and a subsequent lack of data regarding its prosecution in the territorial waters of Alabama, this bait fishery shall be subject to immediate closure and/or reopening upon order of the Director, ADCNR/Marine Resources Division. Entry into the fishery may be limited, or annual, species-specific quotas may be developed as fishery data become available.
Author: Riley Boykin Smith
History
From 12:01 a.m., October 24, 1998 until 12:00 noon, November 1, 1998, there is hereby establishing a closed fishing season for the taking or attempting to take mullet by the use of any entangling net, seine, cast net, or any other means, in the waters of Mobile Bay north of a line running from the south bank at the mouth of Theodore Industrial Canal southeastwardly along the south side of the Theodore Ship Channel to its intersection with the Mobile Ship Channel and then eastwardly to Great Point Clear. Any person using, or attempting to use, any entangling net, seine, cast net, or any other means, to take or attempt to take mullet in the areas of the closed season shall be in violation of this regulation.
Author: James D. Martin
History
Effective November 1, 1998, through December 31, 1998, all state waters will be closed to recreational red snapper fishing.
Author: James D. Martin
History
(1) A special oyster dredge season and sack limit is hereby established for persons licensed under Section 9-12-87, Code of Ala. 1975, and permitted under Rule 220-3-.02(5), in accordance with the following times, places, manners and means:
(a) That area described as the "Mobile Bay Special Dredging Area" and those times, manners and means, as described and provided for on the attached Exhibit A incorporated herein and made a part hereof and titled "Oyster Dredging Permit for Mobile Bay Special Dredging Area".
(b) There shall be a limit of 16 sacks of oysters per boat per day (1/4 Alabama barrel per sack).
(c) Failure to comply with the provisions of this regulation shall result in the revocation of the oyster dredging permit and punishment as provided by law.
See Images at http://www.alabamaadministrativecode.state.al.us/docs/con_/McWord3con.pdf
Author: Riley Boykin Smith
History
Effective 12:01 a.m. November 1, 1999, until such time as the adjacent Federal waters are reopened, all state waters will be closed to recreational red snapper fishing.
Author: Riley Boykin Smith
History
(1) During such period of time that the federal waters (adjoining Alabama waters) are open to the recreational harvest of a Gulf Reef Fish species, the recreational harvest of that Gulf Reef Fish species shall also be open in Alabama waters. Otherwise, when the federal waters are closed to the harvest of a Gulf Reef Fish species Alabama waters will also be closed to harvest of that species.
(2) Gulf Reef Fish shall be defined as the fish listed in 50 CFR Part 622 Table 3 of Appendix A and include, but are not limited to, the following species: Grey Triggerfish, Greater Amberjack, Almaco Jack, Lesser Amberjack, Banded Rudderfish, Hogfish Red Snapper, Grey Snapper, Lane Snapper, Vermillion Snapper, Cubera Snapper, Dog Snapper, Mahogany Snapper, Silk Snapper, Mutton Snapper, Schoolmaster, Yellowtail Snapper, Queen Snapper, Blackfin Snapper, Goldface Tilefish, Blackline Tilefish, Anchor Tilefish, Blueline Tilefish, Tilefish, Rock Hind, Speckled Hind, Yellowedge Grouper, Red Hind, Red Grouper, Misty Grouper, Warsaw Grouper, Snowy Grouper, Black Grouper, Yellowmouth Grouper, Gag Grouper, Scamp and Yellowfin Grouper.
History
Holders of net or seine permits issued pursuant to § 9-12-113, Code of Ala. 1975, shall obtain at no cost a photo identification at the Marine Resources Division office at Dauphin Island. The photo identification shall be utilized by the Marine Resources Division for identification of holders of the net or seine permits. It shall be a violation of this regulation to fail to obtain the photo identification or to utilize a net or seine issued under § 9-12-113 without obtaining the photo identification. The penalty for the violation of this regulation shall be as provided by law.
Author: Riley Boykin Smith
History
(1) During such period of time that all or any portion of the area in Mobile Bay north of a line beginning at the northern shore of East Fowl River running along the northern edge of the Fowl River Channel to Marker #2 in the Fowl River Channel, then southeasterly to Middle Bay Light and then northeasterly to Great Point Clear is closed to commercial shrimping, that closed area shall also be closed to the taking of live saltwater bait by licensed live saltwater bait catchers, unless otherwise provided by law; provided that, when the closed area is opened to commercial shrimping, that area shall also be open to licensed live saltwater bait catchers; except portions of the area defined above may be opened to the taking of live saltwater bait by licensed live saltwater bait catchers who possess a special permit issued by the Marine Resources Division.
(2) The Marine Resources Division may issue a written permit to licensed live saltwater bait catchers allowing the taking of live saltwater bait in areas closed to commercial shrimping; provided such permit defines the area to be opened to such activity and allows no more than one permit per licensed year per vessel allowed under Section 9-12-54.1 Permit must be onboard the vessel and in the operators possession whenever taking or attempting to take live saltwater bait as allowed by the permit. Permits shall be revoked for failure to comply with the terms thereof.
(3) "Live saltwater bait" is defined as any aquatic animal which is used or may be used as bait for any fishery within the jurisdiction of the Marine Resources Division as defined by Rule 220-2-.42. This includes but is not limited to fish, shrimp, and crabs.
(4) The penalty for the violation of this regulation shall be as provided for in § 9-12-54.6, Code of Ala. 1975.
History
(1) Effective November 2, 2000 through February 28, 2001, during the hours of 4:00 a.m. until 10:00 p.m. the following waters shall be open to the commercial and recreational taking of live saltwater bait:
Those waters north of a line from a point on the northeast end of Plash Island running northwest through Markers #7 and #8 and south of a line from the northernmost point of Plash Island through Markers #9 and #10, then to the north shore of Billy's Bend.
(2) "Live saltwater bait" is defined as any aquatic animal which is used or may be used as bait for any fishery within the jurisdiction of the Marine Resources Division as defined by Rule 220-2-.42. This includes but is not limited to fish, shrimp, and crabs.
(3) The penalty for the violation of this regulation shall be as provided for in § 9-12-54.7, Code of Ala. 1975, as amended by Act No. 2000-737, Acts of Alabama.
Author: Riley Boykin Smith
History
(1) In addition to the provisions of 220-2-.60, it shall be unlawful for any person to use an airboat on any of the public waters of this State subject to an ebb and flow of the tide of at least 2 inches, south of a line beginning at the Mississippi state line following the eastbound lane of Interstate Highway 10 to the Florida state line (except that when Interstate Highway 10 lies north of U.S. Highway 90 Battleship Parkway, the line follows the eastbound lane of U.S. Highway 90).
(2) The prohibition prescribed in Paragraph (1) above shall not apply to the use of airboats by State and Federal law enforcement officers, State aquatic plant management personnel acting in their official capacity, nor to oil and gas exploration crews.
(3) Any person violating any of the provisions of this regulation shall be punished as provided by § 9-2-15, Code of Ala. 1975.
Author: Advisory Board of Conservation and Natural Resources
History
(a) There is hereby established a one day closed fishing season for the taking or harvesting of crabs by the use of crab traps (recreational or commercial) in any inside waters of the State of Alabama under the jurisdiction of the Marine Resources Division within 500 yards of the shoreline on Saturday, March 11, 2006, and in the future, such closure dates and areas as shall be established utilizing a public notice by the Commissioner of Conservation and Natural Resources.
(b) During the closure defined in (a) of this regulation no crab traps (recreational or commercial) shall be allowed in any waters closed by this regulation to the taking or harvesting of crabs by the use of crab traps (recreational or commercial) and any traps in the closed areas shall be considered marine litter and may be removed by any individual from these closed waters. Any individual who removes crab traps (recreational or commercial) that are considered to be marine litter must remove the marine litter from the waters of the State of Alabama under the jurisdiction of the Marine Resources Division and properly dispose of such by placing such marine litter in an approved waste container or facility and it shall be unlawful to use any such marine litter for any personal purpose.
(c) It shall be lawful for those assisting with the removal of derelict crab traps to use an airboat on any of the public waters of this state subject to an ebb and flow of the tide of at least two inches, south of a line beginning at the Mississippi state line following the eastbound lane of the Interstate Highway 10 to the Florida state line (except when Interstate Highway 10 lies north of U.S. Highway 90 Battleship Parkway, the line follows the eastbound lane of U.S. Highway 90) on Saturday, March 11, 2006. Any individual who uses an airboat must register such vessel with the Marine Resources Division on later than 5:00 p.m. on Thursday, March 9, 2006. During the closure defined in (a) utilizing a public notice by the Commissioner, such public notice shall state if airboats shall be lawful and establish a date and time that airboats must register with the Marine Resources Division.
History
(1) During such times that these and adjacent waters are closed to the recreational and commercial taking of shrimp. the following waters shall be open exclusively to the commercial and recreational taking of live saltwater bait:
Beginning at a point on land at the southern entrance to the marina at Great Point Clear (30-29.195N,087-56.072W) then southwestwardly to the charted position of Point Clear light #4, then running southeastwardly to a point on land at the end of Zundel Road (30-28.416N, 087-55.263W).
(2) "Live saltwater bait" is defined as any aquatic animal which is used or may be used as bait for any fishery within the jurisdiction of the Marine Resources Division as defined by Rule 220-2-.42. This includes but is not limited to fish, shrimp, and crabs.
(3) The penalty for the violation of this regulation shall be as provided for in § 9-12-54.7, Code of Ala. 1975, as amended by Act No. 2000-737, Acts of Alabama.
History
(Repealed).
Author: Riley Boykin Smith
History
(1) Effective 6:00 a.m., Saturday, June 30, 2001, the following waters, temporarily closed to commercial shriming, shall be open to the taking of live saltwater bait by licensed live saltwater bait catchers only:
(a) All waters in Mississippi Sound east of a line from Gulf Intracoastal Waterway (GIWW) Marker #19 running southward to Tall Range D, thence to the western edge of the mouth of Heron Bayou on Dauphin Island, and west of the Dauphin Island bridge and south of the GIWW, locally referred to as Aloe Bay; provided that, when the closed area is opened to commercial shrimping, that area shall also be open to licensed saltwater bait catchers.
(2) The penalty for the violation of this regulation shall be as provided for in Code of Ala. 1975, § 9-12-54.6.
Author: Riley Boykin Smith
History
(Repealed 6/9/04)
Author: Riley Boykin Smith
History
From January 1 through Labor Day of each year, there is hereby established a closed fishing season for the taking or attempting to take Florida pompano by the used of any gill net, entangling net, seine, or cast net, in the waters of Alabama under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42; provided, however, that gill net fisherman targeting other fish, in waters open to netting as provided by Rule 220-3-.03, shall be allowed to keep an incidental bycatch of Florida pompano totaling no more than five percent (5%) by weight of other fishes taken.
Author: Riley Boykin Smith
History
(1) During such times that these and adjacent waters are closed to the recreational and commercial taking of shrimp, the following waters shall be open exclusively to the commercial and recreational taking of live saltwater bait:
Beginning at Mullet Point Park ramp, herein defined as 30°24.98'N and 87°54.52'W, then running southwesterly to Tall Range '2', then southwardly to 30°23.72'N and 87°55.33'W, then running due east to terminate on shore.
(2) "Live saltwater bait" is defined as any aquatic animal which is used or may be used as bait for any fishery within the jurisdiction of the Marine Resources Division as defined by Rule 220-2-.42. This includes but is not limited to fish, shrimp, and crabs.
(3) The penalty for the violation of this regulation shall be as provided for in § 9-12-54.7, Code of Ala. 1975, as amended by Act No. 2000-737, Acts of Alabama.
History
(a) There is hereby established a one day closed shrimping season for the taking or harvesting of shrimp in the Mobile Ship Channel and within a one half (1/2) mile buffer zone on each side of the channel in Mobile Bay from 12:01 a.m. to 12:00 midnight on July 4, 2002.
(b) There is hereby established a one day closed fishing season for the taking or harvesting of crabs with crab traps (recreational or commercial) within a one half (1/2) mile buffer zone on each side of the Mobile Ship Channel in Mobile Bay from 12:01 a.m. to 12:00 midnight on July 4, 2002. All crab traps (recreational and commercial) shall be removed from the closed area prior to the closure.
(c) There is hereby established a six day closed fishing season for the taking or harvesting of crabs by the use of crab traps (recreational or commercial) in any waters of the state of Alabama under the jurisdiction of the Marine Resources Division North and West of a line running eastwardly along the southern edge of the Arlington Channel of Mobile Ship Channel Marker #78 then northeastwardly to the southeast point of Little Sand Island then northeastwardly to the intersection of the Interstate Highway 10 with State Highway 90 Battleship Parkway. This closure shall begin at 12:01 a.m. on July 2, 2002 and end at 12:00 midnight on July 7, 2002. All crab traps (recreational and commercial) shall be removed from the area prior to the closure.
(d) There is hereby established a two day closed fishing season for the taking or harvesting of crabs by the use of crab traps (recreational or commercial) in any waters of the state of Alabama under the jurisdiction of the Marine Resources Division inside a line running from the East end of Dauphin Island at Fort Gaines southwest to the southeast tip of Pelican Island then northward along the contour of the South side of Pelican Island to the northern most point of Pelican Island then North to the end of the Dauphin Island Park and Beach Board Fishing Pier Island then following the East side of the pier to its intersection with Dauphin then eastward along the contour of Dauphin Island to the East end of Dauphin Island at Fort Gaines. This closure shall begin at 12:01 a.m. on July 3, 2002 and end at 12:00 midnight on July 4, 2002. All crab traps (recreational and commercial) shall be removed from the area prior to the closure.
Author: Richard C. Liles
History
(1) Effective 6:00 a.m., Monday, September 23, 2002, the following waters, temporarily closed to commercial shrimping, shall be closed to the taking of live saltwater bait by licensed live saltwater bait catchers:
All waters in Mississippi Sound north of a line beginning at the Mississippi State Line running east to the eastern tip of the South Rigolets (30°21.120'N, 88°23.490'W) then northeast to the southern tip of Point aux Pins (30°22.271'N, 88°18.888'W) then southeast to the charted position of Marker #19 in the Bayou La Batre Ship Channel and then southeast to the southern tip of Coffee Island (30°19.423'N, 88°15.331'W). Waters will reopen to bait catchers when they open to commercial shrimping.
(2) The penalty for the violation of this regulation shall be as provided for in § 9-12-54.6, Code of Ala. 1975.
Author: Richard C. Liles
History
(1) There is hereby established a closed fishing season/area in Little Lagoon to the taking or attempted taking of any saltwater fish, shrimp, or other seafood species, by the use of a commercial gill net, or by the use of a trawl that exceeds sixteen feet as measured across the cork line or main top line.
(2) It shall be illegal in Little Lagoon to use a recreational gill net from sunset to sunrise, to use a recreational gill net with a mesh size of less than one and one-half (1 1/2 inches knot to knot, or to use a recreational gill net from October 1 through April 30th. All persons utilizing a recreational gill net in Little Lagoon shall, in addition to any license required by law, be required to obtain and possess a special use permit from the Director of the Marine Resources Division or his designee, which permit shall expire seven (7) days from the date of issuance. The said permit shall be obtained during regular business hours.
(3) Gill and trammel nets operated in the waters of Alabama under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42 must be constantly attended by the person licensed or permitted to operate the net.
History
(Repealed).
History
Effective 12:01 a.m., June 1, 2003, the following waters shall be open exclusively to the commercial and recreational taking of live saltwater bait:
Buchanan Bay, Confederate Pass, British Bay, Columbia Bay, Colony Bay (Colony Cove), Spanish Bay, Barcelona Bay
"Live saltwater bait" is defined as any aquatic animal which is used or may be used as bait for any fishery within the jurisdiction of the Marine Resources Division as fined by Rule 220-2-.42. This includes but is not limited to fish, shrimp, and crabs.
The penalty for the violation of this regulation shall be as provided for in § 9-12-54.7, Code of Ala. 1975, as amended by Act No. 2000-737, Acts of Alabama.
History
(1) A special oyster dredge season and sack limit is hereby established for persons licensed under Section 9-12-87, Code of Ala. 1975, and permitted under Rule 220-3-.02(5), in accordance with the following times, places, manners and means:
(a) That area in Portersville Bay open by the Alabama Department of Public Health described as a "Portersville Bay Special Dredging Area" and defined in the written permit allowing oyster dredges required by Rule 220-3-.02(5).
(b) That area in Mobile Bay East of the Dauphin Island Bridge and open by the Alabama Department of Public Health described as a "Mobile Bay Special Dredging Area" and defined in the written permit allowing oyster dredges required by Rule 220-3-.02(5).
(2) There shall be a limit of 16 sacks of oysters per boat per day; provided further no licensed oyster catcher may move to another boat or transfer his catch to, or place his catch in another boat for purposes of avoiding the requirements of this regulation. A boat towed to or from the public oyster reefs and upon which oysters are transported from the public oyster reefs shall be considered as part of the towing boat for purposes of the daily limit of sixteen (16) sacks per boat, unless a properly licensed and permitted oyster catcher or catchers remains on board the boat at all times while on the public oyster reefs or transporting oysters from the public oyster reefs. No licensed and permitted oyster catcher may take or possess more than sixteen sacks of oysters per day.
(3) All oysters taken from stated special dredge area must be landed and tagged at oyster management station established by the Marine Resources Division. All tags for sacks of oysters taken from the special dredge area must be purchased at the management station.
(4) All oysters shall be culled upon the reef from which they were taken. No oysters shall be culled or sacked on board a boat in waters closed to the harvesting of oysters. No oysters from a public reef shall be culled upon a private reef.
(5) The special oyster dredge season shall be closed utilizing a public notice by the Director of the Marine Resources Division at such time that it is determined by biological surveys and landings data that the oyster resources are in decline.
(6) It shall be unlawful to possess oysters taken from a private lease and oysters taken from a public reef on board a boat at the same time.
(7) It shall be unlawful not to comply with all stated requirements on the written permit allowing oyster dredges required by Rule 220-3-.02(5).
History
(1) There is hereby established a closed season to the taking of oysters by any means, except such season shall be open to the taking of oysters by any legal means when opened to the use of a dredge in accordance with Rule 220-3-.68 and the permit issued under Rule 220-3-.02(5), in the following areas:
(2) The area described as the New Reef and the Hard Reef in Portersville Bay within the following Boundaries:
The New Reef located east of Coffee Island (Isle Aux Herbes) in Portersville Bay delineated by corner pilings at (1) 30°21.674 - 88°15.113, (2) 30°21.670 - 88°15.202, (3) 30°21.236 - 88°15.206, (4) 30°21.236 - 88°15.102.
The Hard Reef located east of Coffee Island (Isle Aux Herbes) and southeast of Coden Bayou in Portersville Bay delineated by corner pilings at (1) 30°21.068 - 88°14.022, (2) 30°21.152 - 88°13.897, (3) 30°21.120 - 88°13.763, (4) 30°21.032 - 88°13.738, (5) 30°20.942 - 88°13.707.
History
Until further official notification by the Commissioner of Conservation and Natural Resources on www.outdooralabama.com, all recreational and commercial fishing activities in below-listed public waters are hereby closed.
(a) All waters in the Gulf of Mexico including Pelican Bay and the waters of Mobile Bay east of the Mobile Ship Channel and south of a line from Mobile Ship Channel Marker Number 22 to Little Point Clear on the North side of Fort Morgan Peninsula.
This closure shall be effective at 6 p.m. Central Time, June 4, 2010.
All inside waters west of Dauphin Island Bridge. This closure shall be effective at 6 p.m. Central Time, June 4, 2010.
The penalty for the violation of this regulation shall be as provided by law.
History
History
(1) It shall be unlawful within three hundred feet of the shoreline, or on a public pier, or on a private pier where an unsafe condition is created, on or in the waters of Alabama under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42, to fish for or target sharks of any species by those methods commonly known as "chumming" or "bloodbaiting".
(a) For purposes of this regulation, "chumming" shall be defined as the throwing of bait or fish parts into the water to attract fish
(b) For purposes of this regulation, "bloodbaiting" shall be defined as the use of blood, chemical or synthetic attractants, fish parts, chicken parts or other animal parts to attract fish or sharks.
(2) It shall be unlawful, on or adjacent to the waters of Alabama under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42, for any person to surf fish for sharks, bow fish for sharks or fish for or target sharks by any other means from any pier or beach in such a manner that presents an unsafe condition to any beach goers, sun bathers, swimmers, or any other person.
(3) Anglers fishing for, retaining, possessing, or landing sharks must use non-offset non-stainless circle hooks when using natural bait.
History
(1) No person who, pursuant to state or federal law, is subject to the jurisdiction of the State of Alabama, shall violate any federal law, rule or regulation, including but not limited to those rules and regulations enacted pursuant to the Magnuson-Stevens Fishery Conservation Act and published in the Code of Federal Regulations as amended Title 50 and 15, for reef fishes, while fishing in the Exclusive Economic Zone (EEZ).
(2) It shall be unlawful for any person, firm or corporation to possess, purchase, sell, barter, trade, exchange, take or attempt to take reef fishes or other marine aquatic species within or without the territorial boundaries of Alabama in violation of any state or federal law, rule, or regulation, including but not limited to those rules and regulations enacted pursuant to the Magnuson-Stevens Fishery Conservation Act and published in the Code of Federal Regulations as amended Title 50 and 15.
(3) Registration of a vessel pursuant to the requirements of the Magnuson-Stevens Fishery Conservation Act shall include any vessel that embarks from Alabama territorial waters, that docks in the state waters of Alabama, is licensed in Alabama or possesses an Alabama Marine Police registration certificate and such vessel shall be subject to the jurisdiction of the State of Alabama within or without the territorial boundaries of Alabama and any violations detected upon such vessel shall be prosecuted in the appropriate district court as provided for by § 9-12-4.
History
History
(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.
History
(1) A special dredge and tonging oyster relay season is hereby established for persons licensed under Section 9-12-82 for oyster tonging, or under Sections 9-12-82 and 9-12-87, Code of Ala. 1975, and permitted under Rule 220-3-.02(5), for oyster dredging, in accordance with the following times, places, manners and means:
That area in Mobile Bay West of the Mobile Ship Channel and North of the Theodore Ship Channel and South of a line from the southeast corner of the Brookley Field Airstrip to Mobile Ship Channel Marker Number 73 and described as the "Upper Mobile Bay Special Relay Area" and those manners and means as described in the written permit attached to this regulation and incorporated herein and made a part hereof and titled "Oyster Dredging Permit for Upper Mobile Bay Oyster Relay."
(2) All oysters taken from stated special dredge or tonging relay area must be sacked in 1/4 Alabama barrel sacks and the oysters must be deposited on the designated oyster relay site in Mobile Bay south of the Fowl River Channel. Oysters taken from the Upper Mobile Bay Special Relay Area shall not be landed and no oysters shall remain on the vessels after the vessel exits the designated oyster relay site.
(3) The special oyster dredge relay season shall begin on March 15, 2010, and shall be closed utilizing a public notice by the Director of the marine Resources Division at such time that it is determined by biological surveys and relay data that the oyster resources in the Special Dredge Area are in decline.
(4) It shall be unlawful not to comply with all stated requirements on the written permit allowing oyster dredges required by Rule 220-3-.02(5). The written permit allowing oyster dredges shall state the times and places where using a dredge is allowed.
History
Any Alabama resident 16 years of age or older fishing in, attempting to fish in, or possessing fish taken from, those waters under the jurisdiction of the Marine Resources Division jurisdiction, as defined by Rule 220-2-.42(1) of the Department of Conservation and Natural Resources as published in the Administrative Code, shall be requested, between the dates of September 1 through August 31 of each year, to register in an annual Saltwater Angler Registry. This shall be a no cost registry. Registration in this registry shall expire on August 31 of each year. This registration shall not be required by a person possessing a valid license issued under Code of Ala. 1975, §§ 9-11-53.1, 9-11-53.5, 9-11-54 or 9-11-56.3(b). This registration shall also not be required by persons fishing on a vessel that is licensed under 9-12-25, (Commercial Party Boat License).
Informational Note: In accordance with Section 9-1-4, Code of Ala. 1975, a violation of this regulation shall be a Class C misdemeanor.
History
(1) Persons landing red snapper, greater amberjack, or gray triggerfish in the State of Alabama must report the harvest of said fish to the State of Alabama, Department of Conservation and Natural Resources, Marine Resources Division, prior to landing the red snapper, greater amberjack, or gray triggerfish.
(a) For the purposes of this regulation, landing shall be defined as the removal of the fish from the vessel or the removal of the vessel from the water with the fish still onboard the vessel. Fish caught from the shoreline or piers are considered landed once those fish have left the harvest location.
(b) The captain/owner of each recreational or charter vessel possessing red snapper, greater amberjack, or gray triggerfish shall provide the vessel identification number provided or specified by the Marine Resources Division, the total number of fishermen onboard the vessel, whether fishermen were required to be licensed or not, the total number of red snapper, greater amberjack, or gray triggerfish onboard and the total number of red snapper, greater amberjack, or gray triggerfish that were dead or floating when discarded. Persons fishing from the shoreline, piers, or vessels not required to be registered shall report using their Alabama Conservation Identification Number (CID).
(c) Reports may be submitted via online web page, smart phone application or by other methods approved by the Marine Resources Division Director.
History
Act 2015-441 authorizes any state agency that statutorily levies or assesses fees to fund its operations and programs to increase those fees by means provided in the Act. Pursuant to the authority of Act 2015-441, certain statutory fees related to the Marine Resources Division have been increased. See the table below for a list of increased fees. The statutory fees in column three are increased to the amounts in column four.
FEES
| 1 | 2 | 3 | 4 | | --- | --- | --- | --- | | Authorizing Statutes | Description | Statutory Fee | New fee Authorized by Act 2015-441 | | 9-11-94.1 | Tarpon Tag | $50 | $66 | | 9-11-171 | Resident annual spearfishing license | $5 | $6 | | 9-11-171 | Nonresident seven-day spearfishing license | $5 | $6 | | 9-11-171 | Nonresident annual spearfishing license | $7.50 | $9 | | 9-12-54.1 | Resident live saltwater bait dealers license (one live bait catcher boat and one transport truck) | $100 | $115 | | 9-12-54.1 | Resident live saltwater bait dealers license (two live bait catcher boats and two transport trucks) | $200 | $231 | | 9-12-54.1 & 9-1-54.2 | Nonresident live saltwater bait dealers license (one live bait catcher boat and one transport truck) | $200 | $231 | | 9-12-54.1 & 9-12-54.2 | Resident live saltwater bait dealers license (two live bait catcher boats and two transport trucks) | $400 | $462 | | 9-12-82 | Resident commercial oyster catcher license | $25 | $33 | | 9-12-82 & 9-12-80 | Nonresident commercial oyster catcher license | $50 | $66 | | 9-12-87 | Resident oyster dredge license | $25 | $33 | | 9-12-87 & 9-12-80 | Nonresident oyster dredge license | $50 | $66 | | 9-12-93 | Recreational shrimp boat license | $15 | $19 | | 9-12-93 | Nonresident recreational shrimp boat license (Nonreciprocal state) | $30 | $39 | | 9-12-93 | Resident commercial shrimp boat license (under 30 feet in length) | $50 | $66 | | 9-12-93 | Resident commercial shrimp boat license (30 to 45 feet in length) | $75 | $99 | | 9-12-93 | Resident commercial shrimp boat license (over 45 feet in length) | $100 | $132 | | 9-12-93 | Nonresident commercial shrimp boat license (under 30 feet in length. Nonreciprocal state.) | $100 | $132 | | 9-12-93 | Nonresident commercial shrimp boat license (30 to 45 feet in length. Nonreciprocal state.) | $150 | $198 | | 9-12-93 | Nonresident commercial shrimp boat license (30 to 45 feet in length. Nonreciprocal state.) | $150 | $198 | | 9-12-93 | Nonresident commercial shrimp boat license (over 45 feet in length. Nonreciprocal state.) | $200 | $264 | | 9-12-95 | Resident commercial party boat (up to 6 passengers) | $200 | $264 | | 9-12-95 | Resident commercial party boat (7 to 25 passengers) | $300 | $396 | | 9-12-95 | Resident commercial party boat (more than 25 passengers) | $500 | $660 | | 9-12-95 & 9-12-80 | Nonresident commercial party boat (up to 6 passengers) | $400 | $528 | | 9-12-95 & 9-12-80 | Nonresident commercial party boat (7 to 25 passengers) | $600 | $792 | | 9-12-95 & 9-12-80 | Nonresident commercial party boat (more than 25 passengers) | $1,000 | $1,320 | | 9-12-113 | Resident Commercial Saltwater Fishing License | $100 | $132 | | 9-12-113 | Nonresident Commercial Saltwater Fishing License | $200 | $264 | | 9-12-113 | Resident commercial saltwater net or seine permit | $300 | $396 | | 9-12-113 | Additional fee to be added to resident commercial saltwater net or seine permit when taking Roe Mullet and Spanish Mackerel | $500 | $660 | | 9-12-113 | Resident commercial purse seine license | $1,500 | $1,980 | | 9-12-113 | Nonresident commercial saltwater net or seine permit | $1,500 | $1,980 | | 9-12-113 | Additional fee to be added to nonresident commercial saltwater net or seine permit when taking Roe Mullet and Spanish Mackerel | $2,500 | $3,300 | | 9-12-113 | Nonresident commercial purse seine license | $3,000 | $3,960 | | 9-12-123 | Resident recreational gill net license | $50 | $66 | | 9-12-123 & 9-12-80 | Nonresident recreational gill net license | $100 | $132 | | 9-12-124 | Resident crab catcher's license | $50 | $66 | | 9-12-124 & 9-12-80 | Nonresident crab catcher's license | $100 | $132 | | 9-12-125 | Resident seafood dealer license | $200 | $264 | | 9-12-125 | Nonresident seafood dealer license, except where nonresident state charge Alabama residents in excess of $400 for the activity, in which case it shall be the amount the other state charges. | $400 | $528 | | 9-12-125 | Resident and nonresident seafood dealer vehicle license | $100 | $132 | | 9-12-150 | Permit for artificial reef construction | $25 | $33 |
History
(1) No person, firm, corporation, or entity shall engage in seafood aquaculture without first obtaining a permit from the Marine Resources Division, in addition to any other permits required by state and federal agencies. The standards for the issuance of the permit shall include the water source used for aquaculture; the method and location of any discharge, including but not limited to, methods of discharge screening; species of culture; type of system used for aquaculture; engineering certification of structures used to contain fish for on-the-water facilities; disease certification of fish prior to release if cultured in a land-based facility; routine disease monitoring for on-the water facilities; negative impact on standard pet trade practices; prevention of discharge of disease or live products such as larvae and other products; the type of materials utilized for cages; ensuring pond levees/grow-out facilities exceed 100 year floodplain for location; potential negative impact on water quality; prevention of disease; protection of health and safety of general public; and protection of fish and wildlife.
(2) "Seafood Aquaculture" is defined as the propagation, cultivation, rearing or maintenance of saltwater marine life or "seafoods" as defined by Section 9-2-80, Code of Alabama 1975, for consumption, stocking, or bait purposes; provided, however, that for the purposes of this rule, "seafood aquaculture" and "aquacultered seafood" shall not include oysters.
(3) Aquaculture sites may only be established on or within the inside waters of Alabama as defined by 220-3-.04, on a shore-based facility, or on a site approved in writing by the Commissioner of the Alabama Department of Conservation and Natural Resources.
(4) No aquacultured seafood species may be released into the public waters of Alabama without authorization from the Marine Resources Division.
(5) Aquaculture of gamefish.
(a) All aquacultured gamefish must have a tag, approved by the Marine Resources Division, attached to each fish prior to releasing or selling the fish in any form.
(b) All aquacultured gamefish being transported, within Alabama, must be accompanied by an invoice or bill of lading to include seller, buyer, species, and quantity.
(6) Landing and Reporting Aquacultured Seafood. All aquacultured seafood propagated, cultivated, or reared in Alabama must be landed and reported through a licensed Alabama dealer in accordance with Rule 220-3-.35 and Sections 9-12-115 and 9-12-115.1, Code of Ala. 1975.
History
(1) Except as otherwise provided in this rule, pursuant to the authority of Section 9-12-9 of the Code of Ala. 1975, any person possessing, taking, or attempting to take species or groups of species of gulf reef fish (as defined in Rule 220-3-.46) shall purchase an Alabama Gulf Reef Fish Endorsement. Likewise, any person who is required to purchase a license for a commercial party boat or commercial fishing vessel from the Department of Conservation and Natural Resources (Department) which is used for possessing, taking, or attempting to take any species of gulf reef fish shall purchase an Alabama Gulf Reef Fish Endorsement.
(2) The annual fees and annual expiration dates for Alabama Gulf Reef Fish Endorsements shall be as follows:
| (a) | Individual Anglers: Expiration Date: | $10.00 August 31 | | --- | --- | --- | | (b) | Individual Angler Lifetime: | $220.00 |
(c) Fees for commercial party boats shall be as follows and the endorsement for each shall expire on September 30.
| 1. | 1-6 passengers: | $150.00 | | --- | --- | --- | | 2. | 7-25 passengers: | $200.00 | | 3. | More than 25 passengers: | $250.00 | | (d) | Commercial Fishing Vessel: Expiration Date: | $250.00 September 30 |
(3) An endorsement for a commercial vessel must be maintained on the vessel. An endorsement issued to an individual angler must be in the possession of the angler when possessing, taking, or attempting to take gulf reef fish.
(4) The following persons are not required to purchase an Alabama Gulf Reef Fish Endorsement:
(a) An angler under the age of 16 years.
(b) An angler possessing, taking, or attempting to take gulf reef fish while on a commercial fishing vessel or commercial party boat licensed by the Department and for which a Gulf Reef Fish Endorsement has been issued.
History
(1) Purpose.
(a) The purpose of this regulation is to prevent the destruction of, or injury to State-owned lands, including the beds of navigable waters, under the jurisdiction of the Department of Conservation and Natural Resources; to protect wildlife and other natural resources on such lands; and to prescribe policies, procedures, and requirements for conducting geological and geophysical activities on State-owned lands. These activities may occur on unleased lands or on lands under lease to a third party. Activities are limited to geological and geophysical exploration for mineral resources whether involving the use of explosives or not, on such lands.
(b) No exploration activities shall be commenced upon State lands under the jurisdiction of the Department of Conservation and Natural Resources, without the written approval of the Commissioner.
(2) Definitions.
(a) When used in this regulation, the following terms shall have the indicated meanings:
"Commissioner" means the commissioner of the Department of Conservation and Natural Resources of the State of Alabama or a subordinate authorized to act on the Commissioner's behalf.
"Department" means the Department of Conservation and Natural Resources of the State of Alabama.
"Director" means the director of the Department's State Lands Division.
"Exploration" means the process of searching for minerals, including but not limited to geophysical surveys, where magnetic, gravity, seismic or other systems are used to detect or imply the presence of minerals.
"Geophysical Exploration for Mineral Resources" means any operation conducted upon lands owned by the State of Alabama and under the jurisdiction of the Department of Conservation and Natural Resources, which utilizes geophysical techniques, including, but not limited to gravity, magnetic, and various seismic methods, to produce information and data in support of possible exploration and development activity.
"Lease" means any form of authorization of exploration, development and production of minerals from lands owned by the State of Alabama and under the jurisdiction of the Department.
"Lessee" means the party authorized by a lease, or an approved assignment thereof, to explore for, develop, and produce the leased mineral deposits in accordance with the terms thereof.
"Minerals" includes oil, gas, sulfur, geopressured-geothermal and associated resources, and all other minerals which may be produced from lands owned by the State of Alabama and subject to the jurisdiction of the Department.
"Permit" means the contract or agreement, other than a lease, approved for a specified period of not more than 120 days under which a permittee acquires the right to conduct geological or geophysical exploration for mineral resources.
"Permittee" means the person authorized by a permit issued pursuant to this regulation.
"State Representative" means an employee of the Department or other person as approved by the Commissioner.
"Violation" means a failure to comply with any provision of this regulation or any order issued in connection therewith.
(3) General Requirements of Notices and Permits.
(a) Geophysical exploration for mineral resources shall be conducted so that those activities do not:
interfere with or endanger operations under any lease.
cause harm or damage to aquatic life;
cause pollution;
create hazardous or unsafe conditions;
unreasonably interfere with or harm other uses of the area; or
disturb cultural resources.
(b) Any person conducting geological or geophysical activities for mineral exploration pursuant hereto shall immediately report to the Director when these activities:
encounter environmental hazards which constitute an eminent threat to human activity; or
adversely affect the environment, aquatic life, cultural resources, or other uses of the area in which the exploration activity is conducted.
(4) Geological and Geophysical Activities Requiring Permits. Geological and geophysical exploration for mineral resources may not be commenced nor conducted upon State lands under the jurisdiction of the Department without an approved permit.
(5) Application for Permits.
(a) Applications for permits to conduct geological or geophysical exploration for mineral resources shall be submitted in a form and manner prescribed and approved by the Director. Each application for a permit shall include:
the name of the principal for whom the exploration company will conduct the geophysical exploration;
the name of the party chief and the name of the exploration company who will participate in the proposed exploration;
the type of exploration and the manner in which the activity will be conducted;
the legal description of the property upon which exploration is to be conducted, together with the approximate acreage thereof;
the dates on which the exploration is proposed to be commenced and completed;
a detailed map, in duplicate, reflecting the exact area in which the exploration activity is to be conducted; and
such other relevant information and data as the Director may require.
(b) Applications shall confine the desired exploration area within one township, or, if the area involves submerged lands in the coastal area of Alabama south of U.S. Highway 90 (Battleship Parkway), to one offshore tract. If the desired acreage extends into another township or tract, a separate application must be submitted.
(c) Each application for a permit must be filed with the State Lands Division of the Department and accompanied by an application fee, payable to the "Director, State Lands Division" in an amount computed from the following schedule:
CATEGORY RATE
Administrative fee $100 (all applications)
Non-explosive $400 per tract or fraction thereof
Dynamite or other explosive agent (except "mini-hole") $100 per shot ($400 minimum)
Mini-hole program $500 per mile or fraction thereof
(d) A lessee shall be exempt from payment of the application fee, but shall otherwise comply with the provisions of this regulation.
(6) Inspection and Observation of Exploration Activities.
(a) Each permittee conducting exploration activities on State lands subject to the jurisdiction of the Department shall be accompanied by a State representative unless an exception has been granted by the Commissioner. A permittee, upon request by the Director, shall provide to the State representative, transportation to facilitate inspection and observation of exploration activities. The State representative shall observe or inspect operations conducted pursuant to the permit and determine whether operations are being conducted in accordance with the provisions thereof. When a permittee employs more than one shooting component and activities are at such a distance apart that it is impossible for the State representative to travel from one component to the other in time to observe the shots of such units, an additional State representative, or State representatives may be required and assigned to each shooting component. A State representative may be required to be present at all times if exploratory activities consist of shooting operations in environmentally sensitive areas.
(b) The State representative assigned to a permittee shall be under the supervision of the Division of the Department to which the State representative is regularly assigned.
(c) The State representative, supervisor and the Director, on request shall have access to all records, such as shot point location maps, shooters logs and tracings, but only to the extent necessary to determine compliance with the provisions of this regulation.
(d) The permittee party chief shall assist the State representative in completing any required forms or reports by furnishing all necessary data and shall familiarize members of the exploration party with the provisions of this regulation and the duty and authority of the State representative in connection with inspection and observation of exploration activities.
(7) Inspection Fees. Each permittee shall submit payment upon a calendar monthly basis an inspection fee for furnishing State representatives assigned to the permittee conducting exploration activities on State lands. The inspection fee shall be assessed at the rate of $160 per day for the actual duration of exploration activities. Payments shall be made by the permittee directly to the Department division to which the State representative is regularly assigned, such funds to be deposited to the credit of the subject division.
(8) Use of Explosives in Connection with Exploration Activities.
(a) No explosives shall be discharged within 1,000 feet of any habitation or within 300 feet of any highway without the written permission of the Commissioner.
(b) Charges in excess of fifty (50) pounds on land or twenty (20) pounds on State water bottoms shall not be used except pursuant to express written authorization by the Commissioner. Requests for the use of such charges shall be made in writing, justifying the reason for the use of such charges and giving the proposed size of charges to be used and the depth at which they are to be suspended or buried. Should multiple charges be used, the total amount of explosives shall not exceed twenty (20) pounds per hole without express written permission from the Commissioner.
(c) Minimum required depths of charges in all water areas shall be as follows for shots detonated in holes:
CHARGE DEPTH
5 lbs or less 50 feet
6 to 10 lbs. 75 feet
11 to 20 lbs. 100 feet
No part of the charge shall be above the minimum required depth.
(d) Except during inclement weather conditions, capped explosives shall not be left in shot holes for periods exceeding two (2) days unless a crew member is stationed within the immediate work area.
(e) The placing of explosive charges on all water bottoms is prohibited.
(f) When more than one shot is fired in the same hole, the State representative may require redetermination of the legal depth of the hole after the shot is fired before reloading to assure compliance with the requirements reflected in the table of charges and depths.
(g) All pipe used in geophysical operations must be removed to at least six (6) feet below the bottom in water areas before finally abandoning the shot point. No pipes shall remain in the water during crew off days except as otherwise provided herein.
(h) All parties using pipe in water areas must have clearly stamped at each end of each joint, the name or abbreviation of the name, of the company using the pipe.
(i) All pipes, buoys and other markers used in connection with exploration activities in water areas shall be flagged properly during daylight hours. Flagging shall be clearly visible from the adjacent buoy or marker. During the hours of darkness, pipes, buoys and other markers shall be lighted in accordance with U.S. Coast Guard navigation rules.
(j) No explosives shall be discharged within 250 feet of any oyster reef or bed.
(k) No explosives in suspended charges shall be discharged within 1,000 feet of any boat other than that of the permittee without first having given notice to such other boat and providing a reasonable opportunity for it to move from the area.
(1) Primacord may not be used in the salt and brackish waters of the State of Alabama.
(m) No shooting will be allowed in heavy fog due to danger to boats in close proximity.
(n) No shooting will be allowed except in daylight hours in order to facilitate inspection by the State representative, except pursuant to written exception of the Commissioner.
(o) Air gun arrays shall not exceed a total of 1,500 cubic inches or 2000 pounds per square inch in inshore waters except pursuant to express written authorization by the Commissioner. Requests for exception shall be made in writing, justifying the reason for such exception and giving the proposed configuration.
(9) Resource Protection.
(a) Boats, marsh buggies or other types of marsh vehicles used in connection with exploration activities must be so used as to cause minimum disturbance or injury to the lands, water bottoms and wildlife and fisheries thereon.
(b) Permittees conducting seismic operations shall use reasonable precaution in accordance with approved and accepted methods to prevent destruction of, or injury to, fish, oysters, shrimp and other aquatic life, wildlife or other natural resources of the State.
(c) No geophysical exploration activity shall be conducted in any wildlife refuge, waterfowl refuge, game preserve, fish preserve or hatchery or oyster seed ground reservation without written permission from the agency in charge of such refuge, preserve, hatchery or reservation. No geophysical exploration activity shall be conducted in inshore waters during the first two weeks immediately following the opening of the summer shrimping season. All buoys, cable markers, and other such materials shall be removed from the water prior to the opening day of such season.
(10) Equipment Identification. All markers used for land based survey lines must be stamped clearly with the name of the company using the stakes at approximately 3-foot intervals. All stakes must be removed upon completion of exploration on the prospect.
(11) Progress Report on Activities Conducted Under a Permit. Each permittee shall notify the State representative of the beginning, interruption or cessation of work and shall keep the State representative informed of the name and address of the party chief and location and movements of permittee's exploratory crew.
(12) Suspension and Cancellation of Authority to Conduct Activities Under Permit.
(a) The Commissioner may suspend or temporarily prohibit the permittee's authority to conduct exploration activities under a permit by notifying the permittee either orally or in writing when the Commissioner determines that there is a threat of serious, irreparable or immediate harm or damage to life, including fish and other aquatic life, to property, to any mineral deposits (in areas leased or not leased), or to the marine, coastal, or human environment. Such suspension shall be effective immediately upon receipt of the notice. Suspensions issued orally shall be followed by written notice confirming the action, and all written notices will be sent by certified mail. Suspension shall remain in effect until the basis for the suspension has been corrected to the satisfaction of the Commissioner.
(b) Either the Commissioner, the Director or the State Representative may suspend or temporarily prohibit the permittee's authority to conduct exploration under a permit either orally or in writing when such individual determines the permittee fails to comply with the provisions of the permit or of these regulations, or otherwise damage State lands. Such suspension shall be effective immediately upon receipt of the notice. Suspensions issued orally shall be followed by written notice confirming the action and all written notices shall be sent by certified mail. A suspension shall remain in effect until the basis for the suspension has been corrected to the satisfaction of the Commissioner.
(c) The Commissioner may cancel, or a permittee may relinquish, a permit to conduct exploration activities at any time by sending a notice of cancellation or a notice of relinquishment. Such notices shall state the reason for the cancellation or relinquishment and shall be sent by certified mail to the other party at least five (5) days in advance of the effective date.
(13) Exceptions.
(a) Exceptions to the provisions of this regulation may be granted only by the Commissioner upon written application therefor setting forth detailed reasons for the requested exception. Any exception shall be reflected in writing which specifically designates the particular area or rule affected, details the exception, and specifies the procedure to be followed in lieu of the established regulation.
(b) No State representative shall have the authority to release any permittee from any obligation imposed by this regulation.
(14) Permit Assignment. No transfer or assignment of any geophysical exploration permit issued pursuant to the provisions hereof shall be valid unless approved in writing by the Commissioner.
(15) Indemnification of the State of Alabama. In obtaining a permit to conduct geophysical exploration activities pursuant to the terms hereof, the permittee, by acceptance of such permit specifically agrees to indemnify the State for any and all damages which may occur as a result of such exploration activities on State lands and which arise or are caused by the permittee's activities. Permittee further agrees to save and hold the State harmless from any and all damages or actions for damages which may occur or arise from permittee's activities while on State land.
(16) Interpretation of Regulation and Appeals. The interpretation of these rules and regulations by the Director or Supervisor of the State representative shall be accepted by the permittee; provided, however, the permittee shall have the right to make a written appeal to the Commissioner on any interpretation thereof. In the event such an appeal is filed, the Commissioner shall render a decision thereon within five (5) days after receipt of the written appeal. At the discretion of the Commissioner, all interested parties may be required to submit written arguments or in the alternative a hearing may be scheduled with all interested parties being present. In the event of a hearing, the Commissioner may appoint an official of the Department to conduct the hearing in his absence.
(17) Penalty.
(a) Violation of the provisions of this regulation or the refusal of any permittee to comply fully with all orders and requirements which may be made by the Department at the time exploration activities are conducted, or any attempt to unduly influence any State representative to abstain from the enforcement of this regulation shall constitute cause for terminating all seismic operations of permittee upon State lands and may result in the permittee's party chief, party manager or field manager being barred from conducting future exploration activities on state Lands.
(b) The penalties prescribed in this paragraph entitled "Penalty" shall be in addition to those penalties afforded by any other law or regulation.
(18) Conflicting Provisions Repealed and Specific Repeal of 82-SL-1 (Previous Version of 220-4-.01). All previous geophysical exploration regulations or parts thereof in conflict with this regulation, as well as 82-SL-1 (previous version of 220-4-.01), are hereby expressly repealed.
(19) Effective Date. This regulation shall become effective on the 36th day after filing with the Legislative Reference Service.
Author: James D. Martin
History
(1) Any person, firm or corporation desiring a right-of-way for submerged pipeline construction purposes across state-owned water bottoms under the jurisdiction of the Department of Conservation and Natural Resources shall make application to the Commissioner of Conservation and Natural Resources by submitting a completely executed application on the form provided by the State Lands Division. Any right-of-way granted hereunder shall be on a non-exclusive basis.
(a) The application shall include all of the following unless specifically waived by the Commissioner:
The name, address, and telephone number of the person, firm or corporation desiring the right-of-way.
A description of the size and purpose of the proposed pipeline, including product to be transported or equipment to be contained therein.
An adequate description of the land through which the pipeline is to be constructed.
A statement of the term for which the subject right-of-way contract is desired.
The length, in rods, of the proposed pipeline.
The width, in feet, of the proposed right-of-way both during construction and after construction.
The consideration proposed to be paid for the use of the state lands in accordance with the rate schedule hereinafter prescribed.
A nonrefundable $250.00 filing fee per right-of-way contract, or renewal thereof, made payable to the Division of State Lands.
A map showing the location of the proposed pipeline. When applicable, the state tract number of submerged land or the name of the river, stream, bay or other body of water must be shown.
A cross-sectional drawing of the proposed work showing depth of the proposed pipeline relative to existing ground level, mean low water and mean high water, or ordinary low water line for a riverbed right-of-way.
Such additional information as the Commissioner may deem necessary.
(b) There is no limit to the number of parallel lines which may be included in a single right-of-way contract.
(c) Upon receipt of all necessary application information the Commissioner may grant, deny, or grant with qualifications the requested right-of-way. The Commissioner may postpone a decision on the application until 30 days after receipt of the Corps of Engineers' public notice for the prescribed work.
(d) The term for all right-of-way contracts executed pursuant to this regulation shall not exceed 10 years, with an option to renew for additional terms, none of which shall exceed 10 years. The option to renew shall be on the same terms and conditions as the original agreement except that the consideration shall be adjusted to the rate in effect at the time of the effective date of renewal.
(2) The consideration payable for each 10-year term of any right-of-way contract granted or renewed pursuant to this regulation shall be as follows for each pipeline:
| Class 1 Up to 12" (o.d.) | $24.00 per rod | | --- | --- | | Class 2 More than 12" and up to 24"(o.d.) | $36.00 per rod | | Class 3 More than 24" and up to 3 6"(o.d.) | $48.00 per rod | | Class 4 More than 36" (o.d.) | $60.00 per rod |
Notwithstanding the above-stated fee schedule, there shall be a minimum fee of five hundred dollars ($500.00) per year.
Effective January 1, 2001, and on January 1 each year thereafter, the rates for each Class shall be adjusted on the basis of the annual percentage increase or decrease of the Consumer Price Index for All Urban Consumers (CPI-U), South Urban. All Items, (1982-84=100), for the one year period for which the said Index is released in the immediately preceding November.
(3) Any right-of-way granted by the Commissioner will be subject to the rules contained herein and will bind the grantee to comply with the following provisions:
To comply with all existing rules and with all existing and future rules or orders which the Commissioner determines to be necessary and proper in order to provide for the protection and conservation of the natural resources of public lands and waters;
To indemnify the grantor against any and all liability for damages to life, person, or property arising from the grantee's occupation and use of the area covered by the interest granted;
That the granting of the right-of-way shall be subject to the express condition that the rights granted will not unduly prevent or interfere in any way with the management, administration of, or the granting, either prior or subsequent thereto, of other rights by the Commissioner of any part of the area included in the right-of-way; and To pay when due the consideration herein prescribed.
(a) An applicant, by accepting a right-of-way, further agrees and consents to comply with and be bound by the following additional terms and conditions, excepting those which the Commissioner may waive in a particular case:
To bury the pipeline below the bottom of the gulf, bay, inlet, river or stream crossing at a depth of not less than 2 4 inches;
To water-pressure test all lines before use to 1-1/2 times the anticipated working pressure;
To construct a steel line from new or reconditioned pipe in first class condition;
To electrically test or x-ray any steel field weld to insure reasonable safety from leaks;
To dope and treat in such manner any steel line, before it is submerged, to offer reasonable resistance to the corrosive effect of salt water, but it shall not be necessary to dope and treat the portion of a steel line which is not submerged.
To bury a pipeline in such a manner so as to evenly backfill the sand, gravel, soil, or other material excavated during construction onto the disturbed area to conform as much as is reasonably possible with the bottom profile of the adjacent natural submerged land;
To undertake erosion preventative measures at the shoreline by either terracing or excavating cuts, fills, or other disturbed areas so that they naturally vegetate, seeding cuts and fills as soon as possible to prevent erosion, or placing gravel, stone, or rock in cuts or on fills where site factors make it unusually difficult to establish a protective vegetative cover;
To select a right-of-way, when feasible, which avoids shell reefs, submerged grass beds, and marshes; and
To avoid or minimize clearing of natural vegetation from river or stream banks so that a screen of natural vegetation is left in the right-of-way or when feasible to cross a river or stream via existing bridges subject to safety restrictions or through an area already cleared.
(b) The grantee shall not construct or maintain any oil pipelines, gas pipelines, sulphur pipelines, or other pipelines unless the same is specifically provided for in the granting clause of the right-of-way contract; however, the grantee shall have the right to replace said pipeline with a larger or smaller pipe, or pipe of the same size, installed alongside the line to be replaced provided the line being replaced is promptly removed upon completion of the replacement line; but grantee may not build another pipeline alongside its first pipeline or at any other location without a right-of-way contract authorizing same.
(4) An application for renewal of an existing right-of-way shall be made using the State Lands Division contract form, and shall adhere to the rules in effect at the time renewal is requested.
(a) The grantee shall apply to the Commissioner in accordance with paragraph (1) of this regulation (relating to Application), except that the location and cross-sectional drawings need not be submitted unless specifically requested by the Commissioner. The application should also include the right-of-way contract number and the date of expiration of said contract.
(b) Assignment may be made of any interest or rights granted in whole or in part subject to the written approval of the Commissioner. Any such assignment must be filed in triplicate accompanied by a written request for approval in which the assignee agrees to comply with all rules and regulations contained herein and in the contractual agreement. The application should also include the existing contract number and the date of expiration of said contract. An assignment fee of $250.00 payable to the Division of State Lands must accompany the application for approval of an assignment. No assignment shall be effective to transfer any rights until approved by the Commissioner, the grantee, and the assignee.
(c) Failure to comply with these rules subject the contract to termination by the Commissioner. Upon termination of any contract which is not reinstated by the Commissioner, the grantee shall, within 120 days from said termination, remove all of its personal property and all structures and manmade improvements authorized in the right-of-way contract, provided all monies due have been paid. The Commissioner at his option, may permit the grantee to leave in place all or a portion of grantee's personal property and any structures and manmade improvements authorized in the right-of-way contract. The grantee shall take whatever measures as necessary to restore the area involved as nearly as practicable to the same condition that existed prior to placement of any structure thereon, except as otherwise approved in writing by the Commissioner.
(5)
(a) The provisions of this regulation, except the payment of consideration provided for in paragraph (2), are applicable to the activities of a submerged lands mineral interest holder on a leased tract on which a producing well is located as well as to the activities of a submerged lands mineral interest holder on a tract leased by the Commissioner in which the lease authorizes the lessee to lay pipelines.
(b) Upon application by a public governmental agency or authority, the Commissioner may waive the payment of consideration (but not the application fee).
(6) Notwithstanding any provision herein, in the event the Commissioner determines, in his sole discretion, that the location of a pipeline is so proximate to an inland area that an appraisal would better represent the fair market value of the said pipeline location that would the otherwise applicable fee schedule, the Commissioner shall base the consideration upon the greater of (a) the otherwise applicable fee schedule or (b) fifty percent (50%) of the appraised fair market value of the immediately adjacent upland (the minimum width of the right-of-way shall be 50 feet) as determined by a licensed Alabama (M.A.I, certified) real estate appraiser selected by the State Lands Director.
History
All appraisals obtained by the State Lands Division of the Department of Conservation and Natural Resources whether paid for by the State or in part by others and relating to the State Lands Division's administration of the Forever Wild program shall remain temporarily confidential until:
(1) It is determined that the property is unavailable for acquisition within the constraints of the Forever Wild amendment;
(2) A vote by the Board of Trustees of the Alabama Forever Wild Land Trust to purchase the property in accordance with said appraisal;
(3) The landowner withdrawals the parcel of property from consideration; or
(4) The Board of Trustees of the Alabama Forever Wild Land Trust otherwise determines that the property is not to be acquired.
Upon the occurrence of any of the above, the appraisal shall become public information. During the period of temporary confidentiality, the appraisals and any information contained therein may only be disclosed to the members to the Board of Trustees of the Alabama Forever Wild Land Trust and to the staff of the State Lands Division of the Department of Conservation and Natural Resources; provided, however, that neither the board members, nor the staff of the State Lands Division, nor the appraiser or his staff or agents shall, during the period of temporary confidentiality, disclose to any other person(s) any information contained in the appraisals.
Author: James D. Martin
History
Amendment 543 to the Constitution of Alabama (proclamation date February 2, 1993) establishes the State of Alabama Natural Heritage Program within the Lands Division of the Department. In accordance with that constitutional directive, these regulations recognize that the State of Alabama Natural Heritage Program ("SNHP") is a section of the State Lands Division of the Department, or its duly designated successor, which may be funded from the Forever Wild Land Trust, the Forever Wild Land Trust Stewardship Account and from private donations.
Author: James D. Martin
History
The purposes of the State of Alabama Natural Heritage Program include:
(1) producing an inventory of Alabama's natural heritage resources, including their location and ecological status;
(2) maintaining a natural heritage data bank of inventory data and other relevant information for ecologically significant sites supporting natural heritage resources;
(3) encouraging the use of the information in the natural heritage data bank by public agencies and private organizations and individuals in planning or conducting their activities; and
(4) developing a Natural Heritage Plan which suggests priorities for the protection, acquisition and management of dedicated natural area preserves.
Author: James D. Martin
History
(1) Requests for Information.
(a) Persons wishing to obtain information from the natural heritage data bank may do so by filing a written request with the State Lands Division in the form specified by the Department and agreeing to pay reasonable fees associated with responding to that request.
(b) Written requests shall be filed at the following address:
State Lands Division
64 North Union Street, Room 464
Montgomery, Alabama 36130
(2) Sources and Reliability of Data; Entry Upon Private Property; Limitations.
(a) The SNHP receives biological data from many sources, including its own personnel, private consultants, scientists from other state and federal agencies, scientists employed by or associated with institutions of higher learning, and any other person with relevant information. In many cases, this information is not the result of comprehensive or site-specific field surveys. Many natural areas in Alabama have never been thoroughly surveyed, and new occurrences of plants and animals are still being discovered. Consequently, SNHP is not able to provide a definite statement on the presence, absence or condition of biological elements in any part of Alabama. A SNHP response to a request for information summarizes the existing information known to the Department at the time of the request and is not a substitute for on-site surveys.
(b) Employees and contractors of the SNHP shall obtain oral or written informed consent from the owner of the property prior to entering private land for the purpose of obtaining or verifying biological data. Oral permission received from the landowner shall be documented contemporaneously in writing by the SNHP employee or contractor.
(c) SNHP responses to requests for information shall be limited to biological observations of species and communities in the study area specified in the written request for information. The SNHP will not provide opinions on the possible impacts of specific activities on these species and communities to anyone other than the landowner.
History
(1) Purpose. In general, information contained in the natural heritage data bank is public information. However, Amendment 543 to the Constitution of Alabama requires the Department to establish procedures relating to the confidentiality of data and inquiries for information in order to protect natural resources and encourage use of the natural heritage data bank by public agencies and private organizations and individuals in planning or conducting their activities. Information on the specific location of rare species is sensitive information, and shall not be disclosed except in accordance with the procedures established below. Similarly, the fact that a public agency, private organization or individual has requested information from SNHP on a specific site or sites is sensitive information, and employees or contractors of the Department shall not disclose any information about such a request except in accordance with the procedures established below.
(2) Confidentiality of Information.
(a) General. Except as provided below and as provided by other applicable statute or regulation, all information contained in the natural heritage data bank and SNHP records shall be considered public information.
(b) Information Requests. When a public agency, private organization or individual has requested information from SNHP on one or more specific sites, employees or contractors of the Department shall not reveal any details of that inquiry without the prior written permission of the requesting party. However, SNHP employees may disclose such information to the Forever Wild Board, to the extent reasonably necessary, upon request of the Chairman of the Forever Wild Board. The Chairman shall ensure that such information is not inadvertently disclosed to any other person without the prior written permission of the requesting party.
(c) Location Information and Other Data. When entering data into the natural heritage data bank, the State Lands Division will make a determination as to whether that information is confidential. Each page or data field of these records shall be clearly marked "CONFIDENTIAL". For purposes of this rule, it is presumed that information on the specific location of a rare species, whether or not protected by state or federal law or regulation, is confidential. Information other than location data may be classified as confidential by the State Lands Division if such classification is reasonably necessary to ensure the protection of a rare species or biological community.
(d) Data Obtained Under Contract or from Survey Work Performed on Private Land. Biological information obtained by the SNHP as a result of a contract between the SNHP and a private organization or individual shall be considered confidential and shall not be disclosed without the prior written consent of the private organization or individual. Similarly, biological information obtained from survey work performed by SNHP on private land with the permission of the landowner shall be considered confidential and shall not be disclosed without the prior written consent of the landowner.
(e) Disclosure of Confidential Information. In responding to a request for information, the Department shall first provide all responsive non-confidential information, along with a notation of whether the database contains confidential information relating to the subject inquiry. The requesting party may obtain confidential information relating to the location of a rare species or biological community on the following conditions:
(1) the recipient of the information agrees in writing not to disclose the information;
(2) the recipient of the information agrees in writing to take reasonable precautions to ensure the security of the information; an (3) the State Lands Division determines from written justification presented by the requesting party that said party's reasons for requesting the information are consistent with the purposes of the SNHP as stated in 220-4-.05.
History
Vessel operators without riparian access rights are prohibited from mooring on state-owned submerged water bottoms adjacent to corresponding upland locations for any period of time beyond any immediate water transit needs necessitating a temporary cessation in such transit. Indefinite mooring of such vessels shall be prohibited. The penalty for the violation of this rule is as provided in § 9-1-4, Code of Ala. 1975.
Author: James D. Martin
History
(1) Purpose.
(a) To aid in fulfilling the duties and responsibilities of the Commissioner of the Alabama Department of Conservation and Natural Resources (Department) for the administration, management and control of State Owned Submerged Lands;
(b) To manage State Owned Submerged Lands so that the public may continue to enjoy traditional uses including, but not limited to, public recreation, navigation, fishing and swimming;
(c) To manage State Owned Submerged Lands, important for fish, shellfish and wildlife propagation and conservation; and,
(d) To insure that all public and private activities on State Owned Submerged Lands which generate revenues, exclude or preempt traditional public uses and/or which sever materials from State Owned Submerged Lands provide just compensation for such privileges.
(2) Intent of Rules and Severability.
(a) These rules are to implement the administrative and management responsibilities of the Department regarding State Owned Submerged Lands. Responsibility for environmental permitting of activities and water quality protection on State Owned Submerged and other lands is vested with the Alabama Department of Environmental Management. These rules are considered cumulative.
(b) These rules shall not affect previous actions of the Commissioner concerning structures or the prior issuance of any easement, lease or any disclaimer concerning State Owned Submerged Lands. Fee arrangements in existing leases and easements shall not be subject to the fees of this rule until expiration of the current term unless otherwise specified in the lease or Easement. Renewals will be done under the fee schedule in place at the time of the renewal.
(c) Any structures that are substantially modified, altered or rebuilt, and any expansion of an existing activity shall be subject to the provisions of this Rule. Substantially modified, altered or rebuilt for purposes of this paragraph shall mean more than 50% of the existing structure or any modification or alteration of the existing pilings.
(d) Any structures constructed after 2003 shall be subject to the provisions of this Rule.
(e) It is declared to be the intent of the Commissioner that if any section, subsection, sentence, clause, phrase, or provision of this rule is held invalid or unconstitutional, such invalidation or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining provisions of this rule.
(f) The Commissioner may grant a waiver from any portion of this rule when the implementation of said portion of the rule may result in an unreasonable infringement upon the Riparian Rights of an upland riparian owner, or the proposed activity is determined to have a de minimis impact on natural resources under the jurisdiction of the Department.
(3) Definitions. When used in these rules, the following definitions shall apply unless the context clearly indicates otherwise:
(a) "Artificial Erosion" means the slow and imperceptible loss or washing away of sand, sediment, or other material from property caused by man-made projects and operations.
(b) "Avulsion" means the sudden loss of or addition to land by the action of water or the sudden or perceptible change in the bed of a water bottom or the course of a stream.
(c) "Consent of Use" means a nonpossessory interest in State Owned Submerged Lands created by an approval which allows the applicant the right to erect specific structures or conduct specific activities on said lands.
(d) "Commercial Facility" means any facility with monthly cash producing potential related to structures or improvements placed upon State Owned Submerged Lands associated with collection of usage fees from parties not possessing a real property or leasehold interest in the adjacent upland parcel including, but not limited to, Marinas, restaurants and retail operations constructed over State Owned Submerged Lands.
(e) "Commissioner" means the Commissioner of the Alabama Department of Conservation and Natural Resources.
(f) "Department" means the Alabama Department of Conservation and Natural Resources.
(g) "Division" means the State Lands Division of the Alabama Department of Conservation and Natural Resources.
(h) "Dock" means a fixed or floating structure, including moorings, used for the purpose of berthing buoyant vessels.
(i) "Easement" means a non-possessory interest in State Owned Submerged Lands created by a grant or agreement which confers upon the applicant the limited right, liberty, and privilege to use said lands for a specific purpose and for a specific time.
(j) "Marginal Docks" means a fixed or floating structure placed immediately contiguous and parallel to an established seawall, bulkhead or revetment.
(k) "Marina" means a watercraft harbor complex offering amenities including, but not limited to, recreational (including charter) watercraft mooring, docking, fueling, or storage.
(l) "Ownership Oriented Facility" means Dock or other structures or improvements where the use of the Dock or other structures or improvements requires some real property or leasehold interest in one or more residential units on the adjacent upland parcel and such use does not include operations or activities described for a Commercial Facility.
(m) "Preempted Area" means the area of State Owned Submerged Lands from which the traditional public uses have been or would be excluded to any extent by an activity. The area may include, but is not limited to, the State Owned Submerged Lands occupied by Docks and other structures or improvements, the area between the Docks and other structures or improvements and out to any mooring pilings, and the area between the Docks and other structures or improvements and the shoreline.
(n) "Riparian Rights" means those rights incident to lands bordering upon navigable waters, as recognized by the courts and common law.
(o) "Satisfactory Evidence of Sufficient Upland Interest" shall be demonstrated by documentation, such as a warranty deed; a certificate of title issued by a clerk of the court; a lease; an Easement; or condominium, homeowners or similar association documents that clearly demonstrate that the holder has control and interest in the riparian uplands adjacent to the project area and the Riparian Rights necessary to conduct the proposed activity. Other forms of documentation shall be accepted if they clearly demonstrate that the holder has control and interest in the riparian uplands adjacent to the project area and the Riparian Rights necessary to conduct the proposed activity.
(p) "State Owned Submerged Lands" means those lands including but not limited to, tidal lands, sand bars, shallow banks, and lands waterward of the ordinary low water line beneath navigable non-tidal streams or the mean high tide line beneath tidally-influenced waters, to which the State of Alabama acquired title on December 14, 1819, by virtue of statehood, or thereafter and which have not been heretofore conveyed or alienated.
(q) "Water Dependent Activity" means an activity which can only be conducted on, in, over, or adjacent to water areas because the activity requires direct access to the water body or State Owned Submerged Lands for transportation, recreation, energy production or transmission, or source of water, and where the use of the water or State Owned Submerged Lands is an integral part of the activity.
(4) Management Policies, Standards and Criteria. The following management policies, standards, and criteria shall be used in determining whether to approve, approve with conditions or modifications, or deny all requests for activities on State Owned Submerged Lands.
(a) General Proprietary.
For approval, all activities on State Owned Submerged Lands must be not be contrary to the public interest.
All leases, Easements, permits, or other forms of approval for State Owned Submerged Land activities shall contain such terms, conditions, or restrictions as deemed necessary to protect and manage State Owned Submerged Lands.
When Satisfactory Evidence of Sufficient Upland Interest is not fee simple title, the term of the State Owned Submerged Lands authorization will in no case exceed the remaining term of the Sufficient Upland Interest unless the fee simple title holder agrees to become a co-holder of the State Owned Submerged Lands authorization.
Compensation shall be required to be paid to the Division for leases and Easements which generate revenues, monies or profits for the user or that limit or preempt general public use. Compensation shall also be required to be paid to the Division for Dredge Permits issued in relation to activities severing materials from State Owned Submerged Lands whether subsequently placed below mean high tide line or above mean high tide line State or other governmental agencies may be excepted from this requirement at the discretion of the Commissioner.
(i) Located in areas along seawalls or other nonnatural shorelines;
(ii) The nonwater dependent uses are incidental to the basic purpose of the project, and constitute only minor nearshore encroachments on State Owned Submerged Lands.
(b) Resource Management.
All State Owned Submerged Lands shall be subject to navigation priority and shall be managed primarily for the maintenance of essentially natural conditions, propagation of fish and wildlife, and traditional recreational uses such as fishing, boating, and swimming. Compatible secondary purposes and uses which will not detract from or interfere with the primary purpose may be allowed.
Activities which would result in significant adverse impacts to State Owned Submerged Lands and associated resources shall not be approved unless there is no reasonable alternative and adequate mitigation is proposed and accomplished.
The Department biological, marine safety and navigation assessments and any other assessments or reports by other agencies with related statutory, management, or regulatory authority may be considered in evaluating specific requests to use State Owned Submerged Lands. Any such reports sent to the Division in a timely manner shall be considered.
Activities shall be designed to minimize or eliminate any cutting, removal, or destruction of wetland vegetation on State Owned Submerged Lands.
Reclamation activities on State Owned Submerged Lands shall be approved only if Avulsion or Artificial Erosion is affirmatively demonstrated by the upland riparian property owner. In reviewing a request for approval of a proposed reclamation project, the Department may consider information including data and imagery from a period of five (5) years prior to submission of such a request by the upland riparian property owner. The placement of fill material below the ordinary low water line of non-tidal streams or the mean high tide line of tidal water not associated with an approved reclamation project or the implementation of a shoreline restoration project compliant with paragraph (7) below shall not be approved.
To the maximum extent possible, shoreline stabilization should be accomplished by the establishment of appropriate native wetland vegetation. Rip-rap materials, pervious interlocking brick systems, filter mats, wave attenuation units and other similar stabilization methods should be utilized in lieu of vertical seawalls wherever feasible.
Shoreline restoration, including the use of "living shorelines" techniques for shoreline stabilization, may be permitted upon such terms and conditions as the Commissioner acting through the Division may require. Such techniques may include, but are not limited to, the planting of native vegetation, the placement of wave attenuation structures, the placement of fill materials, and/or other techniques. Fill material placed and/or sediments accreted below the ordinary low water line of non-tidal streams or the mean high tide line of tidal water through the implementation of shoreline restoration shall not be construed as reclamation nor cause a change in the title to State Owned Submerged Lands.
Severance of materials is any separation of material from State Owned Submerged Lands whether subsequently placed above mean high tide line (or ordinary low water line) or below mean high tide line (or ordinary low water line) and shall be approved only if the proposed dredging is the minimum amount necessary to accomplish the stated purpose and is designed to minimize the need for maintenance dredging.
Severance of materials for the primary purpose of providing upland fill shall not be approved unless the activity is determined by the Commissioner to be in the public interest.
Activities on State Owned Submerged Lands shall be designed to minimize or eliminate adverse impacts on fish and wildlife habitat. Special attention and consideration shall be given to endangered and threatened species habitat.
To the maximum extent feasible, all beach compatible dredge materials taken from the tidal coastal system shall be placed on beaches or within the nearshore sand system.
A minimum setback of 10 feet from the riparian lines of adjacent property owners shall be required except as otherwise provided herein, Division may require submission of a survey to ensure compliance with the provision. The costs of the survey will be the responsibility of the riparian owner.
Setbacks from other activities, channels, structures, or natural resources may also be required to ensure safety, facilitate enforcement abilities or ensure resource management. Submission of a survey may be required to ensure compliance with this provision, as determined by Division. The costs of the survey will be the responsibility of the riparian owner.
Any area made the subject of a riparian Easement shall not be closer than 100 feet from a marked navigation channel.
The activity shall not be contrary to the public interest or, if within the boundary of a National Estuarine Research Reserve, that the activity must be consistent with Reserve guidelines established by the Commissioner.
Submission of a survey may be required to ensure compliance with this Rule, as determined by Division. The costs of the survey will be the responsibility of the riparian owner.
A binding determination of riparian boundaries can only be made by agreements of the affected parties or by a final adjudication of a court of competent jurisdiction. Accordingly, acceptance of a survey and/or issuance of a lease or Easement shall not in and of itself prevent the Department from requiring the removal or the relocation of any structure which may later be determined to encroach upon or interfere with adjacent upland owners' Riparian Rights or otherwise not be in compliance with this Rule.
(c) Riparian Rights and Setbacks.
None of the provisions of this rule shall be implemented in a manner that would unreasonably infringe upon the traditional, common law riparian rights of upland property owners adjacent to State Owned Submerged Lands.
Satisfactory Evidence of Sufficient Upland Interest is required for activities on State Owned Submerged Lands, riparian to uplands, unless otherwise specified in this chapter. Satisfactory Evidence of Sufficient Upland Interest is not required for activities on State Owned Submerged Lands that are not riparian to uplands, or when a governmental entity conducts restoration and enhancement activities, provided that such activities do not unreasonably infringe on Riparian Rights.
All structures and other activities must be designed and conducted in a manner that will not unreasonably restrict or infringe upon the Riparian Rights of adjacent upland riparian owners. Submission of a survey may be required to ensure compliance with this Rule, as determined by Division. The costs of the survey will be the responsibility of the riparian owner.
Except as provided herein, all structures and improvements and activities such as mooring pilings, breakwaters, jetties and groins must be set back a minimum of 10 feet inside the applicant's Riparian Rights lines. Exceptions to the setbacks include: Ownership Oriented Facilities or single-family residential Docks or piers where such structures are shared by two adjacent parcels; utility lines; bulkheads, seawalls, riprap or such additional structures as determined by the Division to be connected to the shoreline protection structures; structures and activities previously authorized by the Department; structures and activities built or occurring prior to any requirement for Department authorization; when a letter of concurrence is obtained from the affected adjacent upland riparian owner; or when the Department determines that locating any portion of the structure or activity within the setback area is necessary to avoid or minimize adverse impacts to natural resources.
(d) Standards and Criteria for Placement of Structures or Improvements on State Owned Submerged Lands.
(i) The area of State Owned Submerged Lands made subject to a riparian Easement shall not exceed the square footage amounting to 200 times the riparian waterfront footage along the affected waterbody of the applicant.
(ii)
(iii) Structures or improvements shall extend no more than 25 percent of the width of the waterbody at that particular location.
(iv) Structures or improvements shall not extend within 100 feet of a federal navigation project channel.
(v) Within the standards set forth above, the design of structures or improvements may be further restricted by the Department in recognition of obstructions to navigation, marine safety considerations, riparian setback constraints, local land use regulations, and natural resource considerations such as potential impacts to endangered species and shellfish resources.
(e) Forms of Approval for Placement of Structures or Improvements on State Owned Submerged Lands.
Request to Impact State Owned Submerged Lands (RTI) application must be completed for any of the activities listed in paragraphs 2., 3., and 4. below. There is a $100 application fee for RTI applications.
Consent of Use may be granted as to the following activities:
(i) Docks, piers, boathouses, and/or improvements serving a single family residential parcel where the Preempted Area is less than 5,000 sq. ft. or similar structure(s) shared by two adjacent single family residential parcels where the Preempted Area is less than 5,000 sq. ft.
(ii) Docks, piers, boathouses, and/or improvements serving an Ownership Oriented Facility where the Preempted Area is less than 5,000 sq. ft. or similar structure(s) shared by Ownership Oriented Facilities on two adjacent parcels where the Preempted Area is less than 5,000 sq. ft.
(iii) Marginal Docks and mooring pilings along an existing seawall, bulkhead or revetment.
(iv) Replacement of bulkheads or seawalls at or within two feet waterward of the mean high tide line for tidally-influenced waters or at the ordinary low water line for non-tidal streams. New construction of bulkheads or seawalls requires the location of the structure at or landward of the mean high tide line for tidal waters and at or landward of the ordinary low water line for non-tidal streams or water bodies.
(v) Placement of riprap at or within ten feet waterward of the mean high tide line in tidally-influenced waters.
(vi) Reclamation projects as approved in writing by the Department. All final reclamation documents, including but not limited to a survey, are to be recorded in the applicable county by the riparian owner.
(i) Structures, improvements or other such activities not granted a Consent of Use under these rules.
(ii) All revenue generating/income related activities.
Dredge Permit is required for the severance of materials from State Owned Submerged Lands as provided below.
A Shellfish Aquaculture Easement is required for the off-bottom cultivation and harvesting of shellfish as provided in Ala. Admin. r. 220-4-.17.
To obtain one of the forms listed above, contact the Division at 251-621-1216 or via email at Submerged.Lands@dcnr.alabama.gov.
(5) Payments and Fees. Fees for riparian Easements relating to structures, improvements, and other activities not granted a Consent of Use shall be as follows:
(a) Fee Formula
The annual fee for riparian Easements shall be either the lease rental value of the Preempted Area of State Owned Submerged Lands on a per square foot basis as determined by the Division appraisal ("Preempted Area Fee"), or the minimum annual fee, whichever is greater.
For new riparian Easements, the initial annual fee shall be calculated on a prorated basis from the effective date of the new Easement to the last day of the following February.
The Easement grantee shall provide upon request by the Division at the time of application or thereafter any and all information in a certified form needed to calculate the Easement fee specified above, including, but not limited to, the total square footage of the Easement area, any structures proposed to be placed on the Easement area, and, if applicable, the total number, length and configuration of wet slips.
(b) Appraisal-Based Fees, Minimum Annual Fees and Other Payments
(i) The Preempted Area Fee shall be calculated annually on a per square foot basis according to the geographic Zone as reflected on the Zone Map and further designated by the Easement holder qualifying as a Commercial Facility or an Ownership Oriented Facility. The Preempted Area Fee effective as of July 15, 2022, is a follows:
Zone 1
Commercial Facility - $0.42 per sq. ft.
Ownership Oriented Facility - $0.28 per sq ft.
Zone 2
Commercial Facility - $0.30 per sq. ft.
Ownership Oriented Facility - $0.20 per sq. ft
Zone 3
Commercial Facility - $0.17 per sq. ft.
Ownership Oriented Facility - $0.11 per sq. ft.
Zone 4
Commercial Facility - $0.13 sq. ft. Ownership Oriented Facility - $0.08 sq. ft.
To obtain a copy of the Zone Map, contact the Division at 251-621-1216 or via email at Submerged.Lands@dcnr.alabama.gov.
The Preempted Area Fee shall be revised on March 1 of each year thereafter on the basis of fluctuations of the Consumer Price Index for All Urban Consumers (CPI-U), South Urban, All Items, as published by U.S. Department of Labor, Bureau of Labor Statistics.
(i) There shall be a minimum annual fee of $775 effective as of July 15, 2022. The minimum annual fee shall be revised annually on March 1 as specified in (5)(b)1.(i) above.
(c) Late Payments. There shall be a late payment assessment for Easement fees or other charges due under this rule which are not paid within 30 days after the due date. This assessment shall be computed at the rate of 10 percent per annum, calculated on a daily basis for every day the payment is late.
(6) Dredge Permit Payments and Fees. Fees for Dredge Permits relating to severance of materials from State Owned Submerged Lands shall be as follows:
(a) Fee Formula
(b) Fees and Other Payments
Payment of the Per Unit Fee or minimum fee, whichever is greater, shall be due prior to issuance of the Dredge Permit.
The Per Unit Fee shall be calculated according to the cubic yards of material to be severed and further designated by the placement of the severed materials. The calculation will be delineated based on the volume of materials stored above the mean high tide line and/or below the mean high tide line. The Per Unit Fee effective as of July 15, 2022, is as follows.
First 10,000 cubic yards:
$1.25 per cubic yard of material stored below the mean high tide line
$2.25 per cubic yard of material stored above the mean high tide line
10,001 to 29,999 cubic yards:
$0.75 per cubic yard of material stored below the mean high tide line
$1.25 per cubic yard of material stored above the mean high tide line
30,000 cubic yards or more:
$0.25 per cubic yard of material stored below the mean high tide line
$0.75 per cubic yard of material stored above the mean high tide line
The Per Unit Fee shall be revised on March 1 of each year thereafter on the basis of fluctuations of the Consumer Price Index for All Urban Consumers (CPI-U), South Urban, All Items, as published by the U.S. Department of Labor, Bureau of Labor Statistics.
History
The construction, maintenance, or use of vessel mooring buoys in waters over state-owned submerged lands is prohibited. The construction, maintenance, or use of pilings in waters over state-owned submerged lands by persons without riparian access rights at such locations is prohibited. The penalty for the violation of this rule is as provided in § 9-1-4, Code of Ala. 1975.
Author: James D. Martin
History
The State Lands Division may, at such locations as determined by said division, prohibit the use of off-road vehicles or vehicles of any type, on any state-owned lands under the jurisdiction of said division. It shall be a violation of this rule to operate a prohibited vehicle on any lands subject to such prohibition. The penalty for the violation of this rule is as provided in § 9-1-4, Code of Ala. 1975.
Author: Riley Boykin Smith
History
The State Lands Division may, at such locations as determined by said division, prohibit fishing on any state-owned lands under the jurisdiction of said division. It shall be a violation of this rule to fish on any lands subject to such prohibition. The penalty for the violation of this rule is as provided in § 9-1-4, Code of Ala. 1975.
Author: Riley Boykin Smith
History
The State Lands Division may, at such locations as determined by said division, prohibit swimming on any state-owned lands under the jurisdiction of said division. It shall be a violation of this rule to swim on any lands subject to such prohibition. The penalty for the violation of this rule is as provided in § 9-1-4, Code of Ala. 1975.
Author: Riley Boykin Smith
History
(1) Any person, firm or corporation desiring a right-of-way for pipeline construction purposes across non-submerged state-owned lands under the jurisdiction of the State Lands Division of the Department of Conservation and Natural Resources shall make application to the Commissioner of Conservation and Natural Resources by submitting a completely executed application on the form provided by the State Lands Division. Any right-of-way granted hereunder shall be on a non-exclusive basis.
(a) The application shall include all of the following unless specifically waived by the Commissioner:
The name, address, and telephone number of the person, firm or corporation desiring the right- of-way.
A description of the size and purpose of the proposed pipeline, including product to be transported or equipment to be contained therein.
An adequate description of the land through which the pipeline is to be constructed.
A statement of the term for which the subject right-of-way contract is desired.
The length, in rods, of the proposed pipeline.
The width, in feet, of the proposed right-of-way both during construction and after construction.
A nonrefundable $250.00 filing fee per right-of-way contract, or renewal thereof, made payable to the Division of State Lands.
A map showing the location of the proposed pipeline.
A cross-sectional drawing of the proposed work showing depth of the proposed pipeline relative to existing ground level.
Such additional information as the Commissioner may deem necessary.
(b) There is no limit to the number of parallel lines which may be included in a single right-of-way contract.
(c) Upon receipt of all necessary application information the Commissioner may grant, deny, or grant with qualifications the requested right-of-way.
(d) The term for all right-of-way contracts executed pursuant to this regulation shall not exceed 10 years, with an option to renew for additional terms, none of which shall exceed 10 years. The option to renew shall be on the same terms and conditions as the original agreement except that the consideration shall be redetermined based on the provisions of paragraph (2).
(2) The consideration payable for each 10-year term of any right-of-way contract granted or renewed pursuant to this regulation shall be the following:
(a) For pipelines less than 25 rods in length, a fee of five hundred dollars ($500) per year; or
(b) For pipelines equal to or greater than 25 rods in length, the following rates per pipeline:
The greater of five hundred dollars ($500) per year or the appraised fair market value of the non-submerged state lands involved as determined by a licensed Alabama (M.A.I, certified) real estate appraiser selected by the State Lands Director.
(3) Any right-of-way granted by the Commissioner will be subject to the rules contained herein and will bind the grantee to comply with the following provisions:
To comply with all existing rules and with all existing and future rules or orders which the Commissioner determines to be necessary and proper in order to provide for the protection and conservation of the natural resources of public lands and waters;
To indemnify the grantor against any and all liability for damages to life, person, or property arising from the grantee's occupation and use of the area covered by the interest granted;
That the granting of the right-of-way shall be subject to the express condition that the rights granted will not unduly prevent or interfere in any way with the management, administration of, or the granting, either prior or subsequent thereto, of other rights by the Commissioner of any part of the area included in the right-of-way; and To pay when due the consideration herein prescribed.
(a) An applicant, by accepting a right-of-way, further agrees and consents to comply with and be bound by the following additional terms and conditions, excepting those which the Commissioner may waive in a particular case:
To bury the pipeline at a depth of not less than 2 4 inches;
To water-pressure test all lines before use to 1-1/2 times the anticipated working pressure;
To construct a steel line from new or reconditioned pipe in first class condition.
To electrically test or x-ray any steel field weld to insure reasonable safety from leaks;
To bury a pipeline in such a manner so as to evenly backfill the sand, gravel, soil, or other material excavated during construction onto the disturbed area to conform as much as is reasonably possible with the profile of the adjacent natural land.
(b) The grantee shall not construct or maintain any oil pipelines, gas pipelines, sulphur pipelines, or other pipelines unless the same is specifically provided for in the granting clause of the right-of-way contract; however, the grantee shall have the right to replace said pipeline with a larger or smaller pipe, or pipe of the same size, installed alongside the line to be replaced provided the line being replaced is promptly removed upon completion of the replacement line; but grantee may not build another pipeline alongside its first pipeline or at any other location without a right-of-way contract authorizing same.
(4) An application for renewal of an existing right-of-way shall be made using the State Lands Division contract form, and shall adhere to the rules in effect at the time renewal is requested.
(a) The grantee shall apply to the Commissioner in accordance with paragraph (1) of this regulation (relating to Application), except that the location and cross-sectional drawings need not be submitted unless specifically requested by the Commissioner. The application should also include the right-of-way contract number and the date of expiration of said contract.
(b) Assignment may be made of any interest or rights granted in whole or in part subject to the written approval of the Commissioner. Any such assignment must be filed in triplicate accompanied by a written request for approval in which the assignee agrees to comply with all rules and regulations contained herein and in the contractual agreement. The application should also include the existing contract number and the date of expiration of said contract. An assignment fee of $250.00 payable to the Division of State Lands must accompany the application for approval of an assignment. No assignment shall be effective to transfer any rights until approved by the Commissioner, the grantee, and the assignee.
(c) Failure to comply with these rules subject the contract to termination by the Commissioner. Upon termination of any contract which is not reinstated by the Commissioner, the grantee shall, within 120 days from said termination, remove all of its personal property and all structures and manmade improvements authorized in the right-of-way contract, provided all monies due have been paid. The Commissioner at his option, may permit the grantee to leave in place all or portion of grantee's personal property and any structures and manmade improvements authorized in the right-of-way contract. The grantee shall take whatever measures as necessary to restore the area involved as nearly as practicable to the same condition that existed prior to placement of any structure thereon, except as otherwise approved in writing by the Commissioner.
(5) The provisions of this regulation, except the payment of consideration provided for in paragraph (2), are applicable to the activities of a non-submerged lands mineral interest holder of a state-owned leased tract on which a producing well is located as well as to the activities of a non-submerged lands mineral interest holder on a tract leased by the Commissioner in which the lease authorizes the lessee to lay pipelines.
History
(1) Except as otherwise authorized in writing by the Director of the State Lands Division, it shall be unlawful on any state-owned lands under the jurisdiction of the State Lands Division:
(a) To hunt, trap, use dogs, possess firearms, traps, or bow and arrow, without a proper license. See (1)(r) for limited exception for certain lawfully authorized handguns possessed for personal protection.
(b) For any person to carry in or on a vehicle, any of the following: any firearms [including pistols/handguns, except as described in (1)(r)] with ammunition in the magazine, breech or clip attached to firearms, or black powder weapons with primer, cap or flash powder in place, or cocked crossbows. See (1)(r) for limited exception for certain lawfully authorized handguns possessed for personal protection.
(c) To camp except in designated areas. Campers using generators must camp in an area designated for generator use. Individuals or groups may camp for a period not to exceed nine (9) days in any thirty (30) day period. Campfires must be extinguished before departing. No warming fires shall be permitted away from camping area.
(d) To kill, collect or willfully molest any species of wildlife except those designated for hunting.
(e) To discharge fireworks at any time.
(f) To discharge firearms or archery equipment for target practice
(g) To hunt or discharge firearms or shoot a bow and arrow or crossbow within 150 yards of any designated camping area, dwelling, dam or timber operation, 100 yards of any paved public road or highway, or within a posted safety zone or on Sunday within one/half mile of any church.
(h) For any person except authorized personnel to operate any motor driven vehicle behind, under or around any locked gate, barricaded road or sign which prohibits vehicular traffic.
(i) For any unauthorized person at any time to operate a motor scooter, ATV, motorcycle, motorized trail bike, or any motor driven vehicle except on regularly used roads open for public use by four wheel vehicle traffic; or for any unauthorized person to ride or possess horses except:
(1) on roads open to four-wheel motorized vehicles; and
(2) in areas, roads, and trails, designated as open to horses.
(j) For any person except authorized personnel to block or otherwise stop traffic on any road or at any gate by any means including by parking a vehicle in such a way that passage around the vehicle is impossible.
(k) For any person to deposit, distribute or scatter grain, salt, litter, or any other materials.
(l) To damage or remove any trees, embedded submerged logs, crops, plants or other vegetation, minerals, precious metals, dirt, gravel, stones, artifacts, fossils, firewood, mulch, leaf litter, sod or pine straw.
(m) To erect or use a permanent tree stand or scaffold.
(n) To cast a light of any kind, either hand held, affixed to a vehicle, or otherwise, between the hours of sunset and sunrise except in areas where the state law is more restrictive. This paragraph does not apply to the headlights of vehicles traveling in a normal manner on an open established road.
(o) To hunt from an elevated stand or platform without attaching themselves to the tree or platform with a full-body safety harness, capable of supporting their weight.
(p) To violate any posted restrictions on entry, hunting, fishing, or other conduct.
(q) To release any animal, bird, fish, other wildlife, or introduce any plant or other vegetative material.
(r) Nothing in this regulation prohibits the possession of handguns by lawfully authorized persons for personal protection, provided the handguns are not used to hunt or take or to attempt to take wildlife in violation of law.
(s) To possess any open alcoholic beverages outside a designated camping area, a lodging accommodation, a dining facility, or other special event areas as may be designated by the Commissioner or his designee.
(t) For any unauthorized person, at any time, to operate a motor scooter, ATV, UTV, motorcycle, motorized trail bike, or any motor driven vehicle (NOT to include vessels) on state-owned submerged lands.
History
(1) For the purposes of this rule, "shellfish aquaculture" shall mean the off-bottom cultivation and harvesting of shellfish for commercial or research-oriented purposes. "Shellfish" for purposes of this rule shall mean all native to Alabama species of oysters, clams, or mussels and scallops.
(2) The purpose of this rule is to provide for the granting of riparian and non-riparian easements for shellfish aquaculture. For the purpose of this rule, "riparian easement" or "riparian shellfish aquaculture easement" shall mean an easement for shellfish aquaculture conducted by individuals with sufficient upland interest in riparian uplands located within an associated riparian use area as defined in Section 9-12-22, Code of Ala. 1975. "Non-riparian easement" or "non-riparian shellfish aquaculture easement" shall mean an easement for the purpose of conducting shellfish aquaculture by individuals not located within an associated riparian use area as defined in Section 9-12-22, Code of Ala. 1975.
(3) The State of Alabama, Department of Conservation and Natural Resources ("DCNR")'s biological, marine safety and navigation assessments and any other assessments or reports by other agencies with related statutory, management, or regulatory authority may be considered in evaluating specific requests to use state-owned submerged lands. Any such reports sent to the State Lands Division in a timely manner may be considered.
(4) Shellfish aquaculture activities shall not infringe upon any riparian rights existing under law.
(5) Shellfish aquaculture activities shall not unreasonably interfere with navigation. Any area made the subject of a riparian shellfish aquaculture easement shall not be closer than 100 feet from a marked navigation channel.
(6) All shellfish aquaculture easements on state-owned submerged lands shall contain such terms, conditions and restrictions as deemed necessary by DCNR to protect and manage such lands.
(7) Shellfish aquaculture activities on state-owned submerged lands shall be designed to minimize or eliminate adverse impacts on fish and wildlife habitat.
(8) Easements under this rule shall prohibit the cultivation of non-indigenous, or hybrids of non-indigenous, plants and animals.
(9) Shellfish aquaculture easements shall comply with the following:
(a) A shellfish aquaculture easement is only to be used to conduct shellfish aquaculture activities on state-owned submerged lands and the overlying water column, or for such activities associated with an on-shore shellfish aquaculture facility. Shellfish aquaculture docks shall be restricted to the immediate use for allowable shellfish aquaculture activities. Docks used for purposes not immediately associated with shellfish aquaculture activities shall not be allowed except for private recreational use by upland riparian property owners. Placement of such aquaculture related structures shall be in accordance with the provisions of Rule 220-4-.09 but will be exempt from fees associated with 220-4-.09.
(b) Shellfish aquaculture easements shall contain provisions to ensure that the easement area is marked and that markers are maintained for the term of the easement. Such marking shall be adequate to inform the public of the activity and identify potential navigation and safety hazards.
(c) The area associated with shellfish aquaculture easements shall comply with the following:
For riparian shellfish aquaculture easements a setback of 10 feet from the riparian lines of adjoining riparian upland property owners' riparian use areas shall be required unless a letter of concurrence from the adjoining upland riparian property owner waives the setback requirement or the State Lands Division determines that a reduced or increased setback is required to avoid impacts to existing natural resources, reduce potential navigation hazards, or avoid potential infringement on an adjoining upland riparian property owner's riparian use area as determined in accordance with Section 9-12-22, Code of Ala. 1975;
A non-riparian shellfish aquaculture easement shall not be approved when the easement location is determined by DCNR to potentially infringe upon riparian rights or riparian use area of an adjoining riparian upland property owner as defined in Section 9-12-22, Code of Ala. 1975, unless the applicant obtains a letter of concurrence from the adjoining riparian upland property owner;
For both riparian shellfish aquaculture easements and non-riparian shellfish aquaculture easements, setbacks from other activities, channels or structures may also be required, as determined necessary, to ensure safety, facilitate enforcement capabilities and ensure resource management; and
For non-riparian shellfish aquaculture easements, an easement area larger than five acres may not be approved; provided however, that exceptions to the five acre maximum may be made at the discretion of the DCNR Commissioner based on review of mitigating or extenuating circumstances and documentation supporting the same.
(10) Shellfish aquaculture easement application and review process.
(a) Applications for shellfish aquaculture easements shall include the following:
Name, address and phone number of the applicant;
Description of the shellfish aquaculture activities to be conducted, including gear type, expected density of shellfish to be cultivated and whether such activities are to be research oriented or commercial;
A statement describing the applicant's capabilities to conduct the proposed activities;
Location of the proposed activity including: county; section, township and range; water body; and a vicinity map;
In the case of riparian easements, satisfactory evidence of sufficient upland interest;
Names and addresses, as shown on the latest county tax assessment roll, of each owner of property adjoining the parcel sought, prepared from current records of the county property appraiser;
A statement describing the potential impacts of the proposed use on the ecology of the area, including fish and wildlife habitat; and
A statement explaining why the easement is in the public interest, or at a minimum, not contrary to the public interest.
(b) In addition, applications for easements that include docks or other aquaculture-related structures connected to upland which require use of the water column shall include the following, as applicable:
A detailed statement describing the proposed activities, including the project design and description of all operations.
A detailed and dimensioned site plan drawing showing:
(i) The approximate mean or ordinary high water line;
(ii) The location of wetland, shoreline and aquatic vegetation and other submerged resources;
(iii) The location of the proposed structures and any existing structures;
(iv) The location of intake and discharge pipelines, pumps, culture units, and tanks;
(v) The applicant's upland parcel property lines and zoning restrictions; and
(vi) The location of the nearest natural or artificial navigation channel.
(c) Two prints of a survey of the easement area, including GPS coordinates of area corners, which shall constitute the field survey, and the accompanying legal description and acreage, shall be submitted subsequent to final approval of the application but prior to issuance of the easement of the parcel sought; prepared, signed, and sealed by a person properly licensed by the State of Alabama as a professional land surveyor, or an agent of the federal government authorized to do such surveys under federal law. Preliminary site approval can be based upon marking off the general configuration of the parcel sought, including the acreage of the parcel, latitude and longitude coordinates for the corners of the parcel identified using a Global Position System on a topographic map or a navigation chart.
(d) Original applications and renewals shall be reviewed by DCNR to determine the following:
That the proposed shellfish aquaculture activity is water dependent;
That the proposed project and operation is directly related to shellfish aquaculture;
Whether, in the case of proposed non-riparian easements or riparian easements associated with other state-owned riparian rights, a competitive market exists for the easement such that it is required to be competitively bid pursuant to the provisions of Sections 9-15-70, et seq., of the Code of Ala. 1975;
The impact of the proposed shellfish aquaculture easement on natural resources, as determined by DCNR;
Whether the proposed aquaculture activity adversely affects a public shellfish reef;
That the size of area requested for easement is appropriate to the use;
The suitability of the site for the granting of an easement;
The effect on public health, safety, welfare, or property of others; that the proposed construction or operations do not constitute a hazard to navigation, as determined by the State of Alabama, Department of Conservation and Natural Resources, Marine Police Division, or their successor agency, or interfere with a riparian property owner's access to navigable water; and
The need for special easement conditions.
(11) Shellfish aquaculture easements.
(a) Each shellfish aquaculture easement document shall at a minimum contain the following:
The term of the easement, which shall not exceed five years with the right to renew for an additional five years upon mutual agreement, or upon such renewal provisions as provided for in a competitively bid easement for non-riparian easements and riparian easements associated with state-owned riparian rights, if applicable;
The amount of fee per acre, or fraction thereof, for the easement, which shall take the form of a fixed annual fee to be paid throughout the term of the easement and any renewal thereof, subject to annual adjustment based on the Consumer Price Index as otherwise provided herein;
A requirement that the easement holder shall comply with any special easement conditions and applicable best management practices, if any, for the specific shellfish aquacultural activity;
A provision regarding the removal or other treatment within 120 days of all improvements and disposition of any aquaculture products upon the termination or cancellation of the easement, subject to the approval of DCNR;
A statement that the easement may not be assigned sublet or transferred in any manner, in whole or in part, without the prior written approval of the DCNR Commissioner. Failure of the easement holder to obtain prior written approval shall be grounds for revocation by DCNR;
A provision stating that failure of the easement holder to comply with the terms and conditions of the easement shall be grounds for revocation of the easement; and
that can be used on the easement area.
(b) The easement area shall be defined by corner and intermediate markers as approved by the State Lands Division. Each corner shall be clearly marked and defined with the easement holder's name and easement number clearly attached. There shall also be established intermediate markers between the corners, the distance between which shall not exceed 600 feet extending from each corner of the easement area to the adjacent corner, and also, if applicable, from the outside corner every 600 feet to the high water mark on the associated beach, bank, or marsh edge.
(c) The obtaining of all required permits and approvals from Federal, state, and local governmental agencies, shall be a prerequisite for the issuance by DCNR of a written Notice to Proceed under the easement. No activities pursuant to any easement shall commence prior to issuance of the Notice to Proceed.
(d) The easement parcel shall not significantly restrict public access for boating, swimming, and fishing.
(12) Consideration for Shellfish Aquaculture Easements.
(a) Annual consideration for the granting of riparian shellfish aquaculture easements shall be as follows: The annual fees shall be the dollar amount of the fixed rate consideration as determined by DCNR, but not less than $250 per acre or fraction thereof. The annual fee shall be revised March 1 of each year and increased, if required, on the basis of fluctuations of the Consumer Price Index for All Urban Consumers (CPI-U), South Urban, as published by U.S. Department of Labor, Bureau of Labor Statistics. For riparian shellfish aquaculture easements, following execution of an easement, the prorated amount of the first installment of annual consideration shall be due and payable at such time as the easement holder submits a written request to the State Lands Division for issuance of the Notice to Proceed. The prorated amount of the first installment of annual consideration shall be calculated from the effective date of the easement through the last day of the February following the request for the Notice to Proceed. Annual consideration for each subsequent year shall thereafter be due each March 1st for the remainder of the easement term.
(b) Annual consideration for the granting of non-riparian shellfish aquaculture easements or riparian easements associated with other state-owned riparian rights, shall be as follows: The annual fees shall be the dollar amount of the fixed rate consideration as determined by DCNR, subject to the applicable provisions of Sections 9-15-70, et seq., of the Code of Ala. 1975, but not less than $250 per acre or fraction thereof. Proposed non-riparian shellfish aquaculture easements or riparian easements associated with other state-owned riparian rights, that are over an area where a competitive market exists for the granting of such easements, as determined by DCNR, shall be competitively bid pursuant to the provisions of Sections 9-15-70, et seq., of the Code of Ala. 1975, which process shall determine the annual consideration, but not less than $250 per acre, or fraction thereof. The annual fee shall be revised March 1 of each year and increased, if required, on the basis of fluctuations of the Consumer Price Index for All Urban Consumers (CPI-U), South Urban, as published by U.S. Department of Labor, Bureau of Labor Statistics. Payment shall be issued to "State of Alabama, Department of Conservation and Natural Resources, State Lands Division". For non-riparian shellfish aquaculture easements and riparian easements associated with other state-owned riparian rights, the prorated amount of the first installment of annual consideration shall be due and payable at execution of an easement by the easement holder. The prorated amount of the first installment of annual consideration shall be calculated from the effective date of the easement through the last day of February. Annual consideration for each subsequent year shall thereafter be due each March 1st for the remainder of the easement term.
(c) Public agencies and institutions engaging in shellfish aquaculture activities which are determined by the DCNR Commissioner to be primarily for a public purpose may be exempted from the payment of the otherwise applicable annual consideration amounts.
History
(1) Definitions.
(a) Approved Area. The area approved for the recovery of submerged logs after being nominated pursuant to the requirements of this rule.
(b) Cant. A log or portion of a log which has been squared or partially squared and recovered in such condition.
(c) Commissioner. The Commissioner of the Department of Conservation and Natural Resources.
(d) Contractor. The individual or entity to which a contract was awarded for the recovery of submerged logs in an Approved Area.
(e) Cultural Resources. As defined in Section 41-9-291(3) of the Code of Ala. 1975, which is hereby adopted and incorporated by reference. This law can be accessed through the Secretary of State's Website: http://sos.alabama.gov/.
(f) Department. The Department of Conservation and Natural Resources.
(g) Nominator. The individual or entity nominating an area for the recovery of submerged logs.
(h) Recovery (Recovered). The removal of submerged logs or cants.
(i) Submerged log. For purposes of this regulation, a submerged log is a log or cant that is submerged or buried in the sediments of state-owned water bottoms under the jurisdiction of the Department. Logs or cants fully or partially exposed from the sediments of state-owned water bottoms are not submerged logs for purposes of this rule, and they may not be moved, recovered, or sold.
(2) Recovery from Approved Areas Only. Submerged logs may only be recovered from areas that have been properly nominated and which have been approved by the Department.
(3) Contract Required. No individual or entity may recover submerged logs without a valid contract with the Department. All contracts for the exclusive right to recover submerged logs in an Approved Area will be awarded through an invitation to bid process described in these rules.
(4) Nomination Process.
(a) A nomination of an area for the recovery of submerged logs must be submitted on a form provided by the Department. The nomination form shall require the following information:
The name, mailing address, email address, and telephone number of the person or entity nominating an area for the removal of submerged logs.
The name of the nominated waterbody; the county or counties covering the nominated area; the township, range and sections which encompass the nominated area; and the length in miles of the nominated area. The nominated area must be a minimum of five (5) miles in length and not exceed a maximum of ten (10) miles in length.
The latitude and longitude, expressed in degrees, minutes and decimal seconds (xx° yy' zz.zz") of the upstream and downstream ends of the nominated area.
A map clearly depicting the waterbody and the starting and ending points of the nominated area.
Such supplemental information as the Department may deem necessary for a thorough evaluation of the nomination.
(b) A nomination form shall be submitted to:
State Lands Division
Alabama Department of Conservation and Natural Resources
64 North Union Street, Room 464
Montgomery, Alabama 36130
(c) An incomplete nomination form may be returned to the Nominator with an explanation of its deficiencies. The nomination form may be resubmitted after deficiencies are corrected.
(d) The Lands Division of the Department will review the nomination. The Fisheries Section of the Wildlife and Freshwater Fisheries Division will also provide assistance by determining if there are any biologically sensitive sites in the nominated area.
(e) The Commissioner or his designee may approve, deny, or approve with conditions, the nominated area for the recovery of submerged logs. If the nomination is denied, the Nominator will be notified in writing of the denial with reasons supporting the denial.
(f) If the nominated area is approved or approved with conditions, the Nominator will be notified in writing of the approval and that a bid notice will be published concerning the recovery of submerged logs from the Approved Area.
(5) Public Bid Process.
(a) Upon approval of a nominated area, the State Lands Division will prepare and publish a public bid notice setting forth the terms for bidding on the exclusive right to recover submerged logs within the Approved Area.
(b) The bid notice will include the following:
(i) The name of the waterbody approved in the nomination process;
(ii) The county or counties encompassing the Approved Area;
(iii) The township, range and sections which encompass the Approved Area;
(iv) The length in miles of the Approved Area; and
(v) The latitude and longitude of the upstream and downstream end of the Approved Area.
The date, time, and location of the bid opening.
Method for receiving bids.
Length of the contract.
Amount of the required performance bond.
Applicable insurance requirements.
Amount of the annual administrative fee.
Amount of the minimum guaranteed advance royalty.
Production royalty variable. The production royalty bid variable shall be dollars per board foot using the Doyle Log Rule. The Doyle Log Rule and Table are hereby adopted and incorporated by reference as published in the U.S. Department of Agriculture Farmer's Bulletin No. 1210, "Measuring and Marketing Farm Timber", (1930), as revised, pages 18 and 19. The Doyle Log Rule and Table are included as Appendix A to this rule.
10 The minimum production royalty bid price.
(c) A bid deposit of $500.00 in the form of a cashier's or certified check must accompany each bid. The $500.00 bid deposit shall be forfeited if the successful bidder does not enter into a contract with the Department for the recovery of submerged logs within 30 days of the award, unless the Department agrees to additional time to enter into a contract.
(d) A bid notice shall be advertised for at least two successive weeks prior to the date of the bid opening in a newspaper of general circulation in each county comprising all or part of the Approved Area. If no newspaper of general circulation exists in a county which encompasses all or part of an Approved Area, then the notice shall be published in a newspaper of general circulation in an adjoining county. Bid notices shall also be posted in the courthouse of each county encompassing the Approved Area and shall be published on the Department's website: www.outdooralabama.com/. The successful bidder shall reimburse the Department for the cost of publishing the bid notice in newspapers.
(e) Bids must be submitted in the manner specified in the bid notice.
(f) All bids will be publicly opened and read on the date and at the time and location specified in the bid notice.
(g) No bids will be accepted for any reason after the advertised deadline.
(h) The Department may reject any bid and may negotiate a higher sale price with the highest bidder. No sale may be made at a price less than the highest bid received.
(6) Contract, Notice to Proceed, and Operational Requirements.
(a) The successful bidder is required to enter into a contract with the Department for a term not to exceed 24 months for the recovery of submerged logs in the Approved Area.
(b) The Contractor shall be responsible for obtaining all required licenses, permits, or approvals from local, state, and/or federal governmental agencies or offices that relate to the Contractor's submerged log recovery operations. Such offices or agencies include, but may not be limited to, the U.S. Army Corps of Engineers and the Alabama Department of Environmental Management. The Contractor shall submit proof of such licenses, permits, or approvals prior to the issuance of the Notice to Proceed.
(c) If the Contractor fails to provide proof of permits and approvals within the time prescribed, the contract may be terminated and the bid deposit forfeited.
(d) The Contractor shall not begin the recovery of submerged logs until a Notice to Proceed has been received by Contractor. Upon the receipt of the Notice to Proceed, the Contractor shall provide at least 48 hours' notice prior to commencing any submerged log recovery operations and shall thereafter provide regular activity notifications as may be required by the Department.
(e) Prior to the issuance of the Notice to Proceed, the Contractor shall deliver to the Department a bond, satisfactory to the Department, for the faithful performance of all the terms and conditions of the contract. The bond shall be in the amount of $5,000.00 and shall be executed by a bonding company legally authorized to transact business under the laws of the State of Alabama, or shall be in the form of a certified check made payable to the State Lands Division or an irrevocable letter of credit with a bank approved by the State Lands Division. This performance bond must be for the entire term of the contract to be valid. The performance bond may be returned after all obligations under the contract are completed to the Department's satisfaction and upon written notice that the Contractor wishes to cease operations and close out the contract.
(f) Contractor shall maintain liability insurance as prescribed in the Contract.
(g) The Contractor shall avoid any disturbance to live plants, fisheries, mollusks, and fish and mollusk habitat while recovering submerged logs.
(h) The Contractor shall not conduct recovery operations within 30 feet of any man-made infrastructure.
(i) All Contractor operations shall be conducted so as not to impede or constitute a hazard to navigation or to recreational use of the waterbody.
(j) The Contractor shall comply with the Alabama Underwater Cultural Resources Act (§ 41-9-290 through 299.2, Code of Ala. 1975). In the course of the Contractor's operations, if there is any disturbance or discovery of a Cultural Resource, the Contractor shall leave the object in place, stop all operations in the area, minimize the disturbance, and contact the State Lands Division and the Alabama Historical Commission immediately. The Contractor shall not conduct further operations in the area of the discovery of the Cultural Resource until authorized to do so by the State Lands Division, after consulting with the Historical Commission.
(k) The Contractor is and shall be responsible for any obligation with regard to any applicable Department of Revenue severance tax for wood products. This tax shall be considered a cost of doing business and shall not be deducted from the total production royalty calculation.
(7) Fees and Royalties.
(a) The Contractor is subject to reasonable administrative fees as specified in the invitation to bid and contract for each year of the term of the contract to mitigate the administrative costs associated with the oversight of Contractor's compliance with regulations and contract terms.
(b) The bid deposit of the successful bidder will become the annual administrative fee for the first year of the contract.
(c) The annual administrative fee for the second year of the term of the contract is due upon the one-year anniversary of the execution date of the contract.
(d) The minimum guaranteed advance royalty, as specified in the bid notice and contract, is due prior to the issuance of the Notice to Proceed. This advance royalty will be depleted against production royalties due as the recovery of submerged logs proceed.
(e) The Contractor shall pay the Department production royalties on any merchantable logs or cants recovered from any Approved Area, whether or not sold or used.
(f) Monthly production royalty payments shall be delivered to the Department by the tenth (10th) calendar day of each month following recovery of submerged logs. However, production royalty payments are not required to be paid until the aggregate amount of the production royalties due the Department exceed the total amount of the minimum guaranteed advance royalty paid to the Department.
(8) Tagging and Photographing Logs and Cants. A unique numerical tag made of plastic or metal shall be affixed to each recovered submerged log until the log or cant is unloaded at the facility or location where the log or cant will be processed. The tag will be affixed to the small end of the log so the tag is visible in a photograph that includes the small end of the log as well as the entire length of the log. The tag must be large enough to be visible in such a photograph. A digital photograph of each log will be transmitted to the Department prior to the submittal of monthly royalty payments. In each photo, a 12-inch ruler shall be affixed to the small end of the log for scale.
(9) Reports. The Contractor shall deliver a monthly report to the Department by the 10th calendar day of the month following recovery of the logs or cants on a form provided by the Department. This report will include the following for each log or cant recovered: log or cant tag numbers; dates of recovery; species; digital photo of each log or cant; dimensions; total board foot volume calculated by the Doyle Log Rule; and the royalty due for the log or cant. In the event there are no log or cant recoveries during the reporting period, the Contractor shall indicate such in the report. The Contractor shall certify that the information provided in each report is true, complete, and correct, and the Department is entitled to rely on the representations made in each report.
(10) Records and Inspections.
(a) The Contractor shall keep proper books of account of the quantity and dimensions of all recovered logs and cants. The Department may independently confirm the information set forth in the Contractor's reports. Such records shall be available for review by the Department, or an agent of the Department, upon giving at least 48 hours-notice to the Contractor. The Contractor shall retain records for three years following termination or expiration of the Contract.
(b) The Contractor authorizes representatives of the Department to access areas and facilities where recovered logs and cants are being recovered or stored at reasonable times to inspect logs and cants. The Contractor shall secure permission, as may be necessary, for an employee or agent of the Department to enter locations for inspections of recovered logs and cants, books, and operations of the Contractor.
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(1) Alabama State Law requires that all persons registering at any hotel, motel, cabin or campsite in any State Park shall record the name and address of each responsible party in a registration book or upon a guest register card provided for such use. Persons under eighteen years of age shall be permitted to register for a hotel or motel room, cabin or campsite only as agents acting for their parents. Any person who willfully makes an erroneous entry in such registration book shall be in violation of this regulation.
(2) No person or group of persons shall be allowed to occupy any cabin, lodge or campsite for a consecutive period longer than two weeks from April 1 through October 31 without written permission from the Director of State Parks.
(3) It shall be unlawful to erect or occupy any site with unsightly or inappropriate camping equipment.
(4) Pitching tents or parking trailers or other camping equipment in areas not designated for such purposes shall be unlawful.
(5) No person shall picnic in any area in any State Park or on any State Parkway except in the designated places without the specific approval of the Park Manager.
(6) It shall be unlawful for any person to possess or use, at any State Park freshwater or saltwater swimming area (including any beach area), any container which is subject to break, shatter, fracture, disintegrate, or become fragmented, including, but not limited to, glass, breakable plastics, etc.
(7) Abandoned personal property shall be subject to disposal in accordance with law or State Park Policy.
(8) It shall be unlawful to leave unattended at any state park any person under the age of fourteen (14). For the purpose of this paragraph, "unattended" shall mean without direct adult supervision.
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(1) Visitors shall swim only in designated areas and all persons swimming in any of the waters of any State Park shall obey any order of the lifeguard or other Park official in charge.
(2) All persons fishing in any of the State Parks shall abide by the fishing regulations promulgated by the Commissioner of the Department of Conservation and Natural Resources and other fishing laws which are in force in the State of Alabama.
(a) A person so fishing shall, upon demand, exhibit his catch or fishing license to any game warden or other officer of the Department for inspection.
(b) No fish shall be placed in the State Park lakes or waters except with permission of the Commissioner of Conservation and Natural Resources.
(c) The daily creel limits are posted in a conspicuous place at each State Park lake. Any person who catches, takes or has in his or her possession more fish than allowable by the posted creel or possession limits shall be in violation of this regulation.
(d) Fish shall be taken by rod and reel or pole and line only, in State Park lakes or waters. Use of other methods of fishing such as trot lines, set hooks, gigs, nets, seines, spear guns, bow and arrow, etc., is prohibited.
(e) It shall be unlawful to fish for sharks or use any type of shark fishing gear on any Gulf State Park Public Beach or on the Gulf State Park Saltwater Pier, unless specifically provided otherwise by regulation. It shall be unlawful to land or to attempt to land any shark on any line originally cast from said State Park Pier or Beach, unless specifically provided otherwise by regulation.
(f) It shall be unlawful to participate in any water related activity within 100 yards of the Gulf State Park Saltwater Pier. This shall include but not be limited to, wading, swimming, surfing, fishing, boating, and scuba diving.
(3) Motorized vessels are prohibited on any of the waters of the State Parks unless by special written permission from the Commissioner of the Department of Conservation and Natural Resources, except as otherwise provided for herein. At Oak Mountain, Chewacla and Paul M. Grist State Parks, electric troll motors not to exceed a size that can be operated by a storage battery may be used. At Lake Shelby in Gulf State Park, Lake Lurleen State Park and Frank Jackson State Park, any size motor may be used.
(a) It shall be unlawful to operate a vessel of any kind on the waters within Frank Jackson and Lake Lurleen State Parks to tow a person or persons on water skis, aquaplane or any other recreational device.
(b) It shall be unlawful to operate any personal watercraft on any fresh water lake within Gulf State Park, Lake Lurleen, and Frank Jackson State Park.
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It shall be a violation of this regulation for any person to evade or attempt to evade by any method or means any fee or other charge which may be levied for admission to, or use of, any State Park area or facility contained therein.
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(1) Driving motor vehicle in excess of posted speed shall be unlawful.
(2) Driving any vehicle carelessly and heedlessly disregarding the rights or safety of others, or without due caution and at a speed, or in a manner so as to endanger or be likely to endanger any person or property shall be unlawful.
(3) Riding on the hood, roof, fenders, or trunk, or other exterior portion of automobiles, or riding on the roof, fenders, hood, bumper of trucks, while traveling on parks roads or other parks premises shall be unlawful.
(4) Motor bikes, minibikes, motorcycles, motor scooters, go-carts, any other type motorized vehicle and bicycles shall not be driven in any areas or on any trails not designated for their use. Only licensed vehicles shall be allowed to be utilized by the public on Park roads.
(5) No motorized vehicles of any kind or bicycles shall be allowed on horse trails, hiking trails or beach areas in any State Park, except where specifically permitted.
(6) Driving motorbikes, motorcycles, or other motor vehicles on State Park roads for any purpose other than access into or egress out of State Park areas shall be unlawful.
(7) Operating a motor vehicle at any time without a muffler in good working order, or operating a motor vehicle in such a manner as to create excessive or unusual noise or annoying smoke, or using a muffler cut off, by pass, or similar device shall be unlawful.
(8) Excessively accelerating the engine of a motor vehicle or motorcycle when such vehicle is not moving or is approaching or leaving a stopping place shall be unlawful.
(9) No person shall park any vehicle, camper, trailer or any towed conveyance in any area not specifically designed for said vehicle.
Author: James D. Martin
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(1) Bringing a dog, cat or other animal into a State Park unless it is crated, caged or upon a leash not longer than 6 feet or otherwise under physical restrictive control at all times, shall be unlawful. The foregoing shall not apply to areas, rooms, cabins or buildings that have been designated, in writing, as pet-friendly by the Director of State Parks.
(2) No person shall keep a noisy, vicious, or dangerous dog or animal or one which is disturbing other persons, in a State Park and remain therein after he has been asked by a Park officer to leave.
(3) No animal of any type shall be allowed in any hotel or motel room, cabin, or park building, or at any swimming area (including any beach area) in any State Park. This rule shall not prohibit the use of helping animals by individuals with disabilities, nor shall it apply to areas, rooms, cabins or buildings that have been designated, in writing, as pet-friendly by the Director of State Parks.
(4) Bringing saddle, pack or draft animals into a site which has not been developed to accommodate them and posted accordingly shall be unlawful.
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(1) Failure to dispose of all garbage, including paper, cans, bottles, waste materials, and rubbish by removal from the site or area, or disposal at places provided for such disposition shall be unlawful.
(2) No person shall dump any refuse or waste from any trailer or other vehicle except in places or receptacles provided for such use.
(3) Cleaning of fish or food, or washing clothing or articles of household use in any stream, pond, lake or at any hydrant or faucets located in restrooms shall be unlawful.
(4) No person shall pollute or contaminate any water or water supply used for human consumption.
(5) No person shall use State Park refuse containers or other park refuse facilities for dumping household or commercial garbage or trash brought as such from private property.
(6) No person shall deposit, except into receptacles provided for that purpose, any body waste in or on any portion of any comfort station or any public structure, or deposit any bottles, cans, cloths, rags, metal, wood, stone, or other damaging substance in any of the fixtures in such station or structures.
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(1) It shall be unlawful to incite or participate in riots, indulge in boisterous, abusive, threatening, indecent or disorderly conduct in any State Park area. Anyone in violation of this regulation may be forcibly ejected from the park or arrested and shall not be entitled to a refund of any fee or rental.
(2) Failure to maintain quiet in campground, lodge and cabin areas between the hours of 10:00 p.m. and 6:00 a.m. shall be unlawful.
(3) It shall be unlawful for any person to destroy, deface or remove any native wild or domesticated tree, shrub, plant or wildflower in any State Park.
(4) Destroying, injuring, defacing, removing or disturbing in any manner any real, personal or public property in any State Park shall be unlawful.
(5) No person shall solicit, sell or advertise in any State Park without the written authorization of the Director of State Parks.
(6) It shall be unlawful for any person to destroy, disturb, deface, collect or remove any natural, cultural, historical, archeological, geological, mineralogical, etc., objects or artifacts from any Alabama State Park.
(7) Feeding of deer at a State Park shall be unlawful.
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(1) For the purposes of this section, the following words and phrases shall have the following meanings:
(a) "Handgun" is defined as:
any firearm which has a short stock and is designed to be held and fired by the use of a single hand; and
any combination of parts from which a firearm described above can be assembled.
(b) "Long gun" is defined as a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder, and designed or redesigned and made or remade to use the energy of an explosive to fire:
either a number of ball shot or a single projectile through a smooth bore for each single pull of the trigger; or
a single projectile through a rifled bore for each single pull of the trigger.
(2) It shall be unlawful for any person other than a duly authorized law enforcement officer, to possess or carry into any State Park any form of firearm except as follows:
(a) Possession of handguns by lawfully authorized persons is permitted for personal protection provided the handguns are not used for any unlawful purpose.
(b) Persons lodging at a State Park may possess along gun, provided that the long gun remains at all times unloaded and secured in either the patron's vehicle or applicable lodging (i.e. camper, cabin, or lodge room).
(c) The Commissioner may designate locations where the possession of a firearm is prohibited.
(3) No person shall possess, discharge, or set off on or within a State Park any firecrackers, torpedoes, rockets, cap pistols, or other fireworks.
(4) No person shall operate or use any audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times so as to disturb other persons.
(5) No person shall operate or use any public address system, whether fixed, portable, or vehicle mounted, except when such use or operation has been approved by the Park Manager.
(6) It shall be unlawful for any person to use any metal detection device in any State Park without permission from the Park Manager.
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Building a fire outside of stoves, grills, fireplaces, or other places provided for such purposes shall be unlawful. All fires shall be attended at all times and upon abandonment of same the fire shall be completely extinguished.
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(1) It shall be unlawful to enter or use a site or area, or portion of a site or area, which is closed to public use.
(2) Only registered overnight guest shall be admitted or allowed to remain in any State Park after the designated closing hour unless such person has special written permission of the manager of said Park.
(3) Leaving a camp unit unoccupied or unattended for a period of more than 24 hours without permission from the manager shall be in violation of Park regulations.
Author: James D. Martin
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(1) The Department of Conservation and Natural Resources shall not be responsible for any accident or injury to any person while on State Park property or when using any State Park facility. Any person coming within a State Park or using a State Park facility shall by such entrance or use waive any claim against the State or its agents for any accident or injury occurring while on or within a State Park.
(2) Subject to the other provisions of state law, the State of Alabama shall not be responsible for any property or article lost or stolen from any cabin, hotel or motel room, campsite, bathhouse, parking area, or any park building or facility.
Author: James D. Martin
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Each State Park or recreation area now in existence, and those which may be hereafter designated as same, are hereby designated as game and wildlife sanctuaries, and it shall be unlawful for any person to hunt, trap, pursue, catch or kill any wild bird or wild animal in any of the places herein mentioned, unless specifically provided otherwise by regulation.
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(1) The words "State Park" as used in any regulation shall include and embrace all land or water under the supervision of the Division of State Parks.
(2) Failure to comply with reasonable conditions of occupancy and use of Alabama State Park facilities as prescribed and posted by the Department of Conservation and Natural Resources, for the protection and administration of State Park facilities and resources and the promotion of public health, welfare, safety or conveniences shall be unlawful.
(3) All State and Federal laws now in force and laws which may hereafter be enacted shall be maintained in all State Parks, and it shall be a violation of this regulation for any person to break or attempt to break any State or Federal Law.
Author: James D. Martin
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(1) General Project Criteria.
(a) Purpose. The Recreation Capital Development Assistance Fund (RCDAF) Program authorizes the State to provide financial assistance to Applicants for the acquisition and/or development of public outdoor recreation areas and facilities found to be in accord with the Statewide Comprehensive Outdoor Recreation Plan. Such assistance shall be on a matching basis not to exceed a maximum of fifty (50) percent of the total project related allowable costs.
(b) Project Sponsors. Proposed projects may be sponsored by a State agency or a public agency of a subordinate unit of government. All project proposals submitted to the State must be recommended by the unit's chief elected or appointed official.
(c) Relation to State Plan. Only project proposals in accordance with the State's Recreation Planning Program may be considered. Project proposals may be submitted for approval only during the time in which the Applicant sustains its eligibility for participation in the RCDAF program. Projects received during a period of ineligibility will be returned to the Applicant as inactionable. This does not mean that the projects have been disapproved nor prevents them from being resubmitted by the Applicant as soon as eligibility has been regained.
(d) Project Proposals. The Applicant has the initial prerogative and responsibility for determining the scope and effort involved in a project proposal. A project can be designed as follows: 1) Acquisition and/or development work at one site, 2) acquisition and/or development work, sponsored by a single State agency and/or local unit of government, at several sites, or 3) a particular type of facility, such as swimming pools or miniparks, sponsored by State agencies and/or local units of government and located at several sites.
The Department reserves the right to require the segmenting of project proposals into smaller projects or the combining of small related projects into a larger one when, in the judgment of the Department, such proposals do not lend themselves to effective and economical management and costing.
(e) Types of Projects.
Acquisition. These include the acquisition of land and waters or partial rights to them.
Development. These include the development of certain outdoor recreation activity and support facilities needed by the public for recreation use of an area.
Combined. When it is advantageous to do so, an Applicant may submit projects which combine acquisition and development.
(f) Multiple-Purpose Projects. Multiple-purpose projects which involve uses other than outdoor recreation may be eligible for assistance under the Act (Chapter 7A of Title 9, Code of Ala. 1975, as amended). The Applicant must include a careful and complete justification and explanation with each proposal. Two general types of multiple-purpose projects are eligible for assistance:
Projects in which a specifically designated portion of the multiple-purpose area or facility will be used primarily for outdoor recreation and/or outdoor recreation support, such as picnicking facilities adjacent to a new public reservoir. Fund assistance is limited to the designated outdoor recreation area and/or facility and support facility.
Projects which will provide identifiable outdoor recreation benefits as a whole, as opposed to specific segments of it. For example, a water impoundment constructed primarily for flood control might also have important recreation benefits. In such a case, at the Department's discretion, assistance might be made available only for the portion of the cost, on a prorata basis, of the facility which is clearly attributable to outdoor recreation above and beyond the facility's cost for its non-recreation function.
The proposal must fully disclose the nature and extent of other uses and the relationship of the proposed outdoor recreation project to the total area and development. Additionally, if the project is located in a floodplain, the project proposal must evaluate the flood hazard to the fund-assisted facility.
(g) Assistance from Other Agencies. Project proposals submitted to the Department for RCDAF assistance may also be submitted to other public agencies for aid. The State or local matching share of an approved project may consist of other State financial assistance only where the statutory provisions of the subsequent State grants program explicitly allows recipients to use such assistance to match other State Funds. The application to the Department should describe any such submissions, and the Department should immediately be notified if these result in assistance or the promise of assistance by another organization.
(h) Control and Tenure. For lands included in a project proposal, the project sponsor must have title or adequate control and tenure of the project area in order to provide reasonable assurances that a conversion will not occur without Departmental approval. Copies of the property titles, leases, easements, or other appropriate documents must be on file at the local level and available for State inspection.
(i) Such assurances are contained in the General Provisions of the Project Agreement and may also apply to termination provisions included in leases and special use permits, provided such revocation is not at the sole discretion of the lessor except in the case of Forest Service Term Special Use Permits.
Properties subject to outstanding interests, such as mineral rights that, if exercised, may not be compatible with the continued viable use of the area for outdoor recreation, may also be agreed to under certain specific conditions. The Department will agree to such a future conversion based upon the sponsor's present agreement that these lands will be replaced. This specific assurance provision is contained in the General Provisions of the Project Agreement.
It should be noted the above paragraphs 1 and 2 are only concerned with those reversionary rights or outstanding interests that, should they occur or be exercised, would result in the project area not being viable for continued public outdoor recreation use as determined by DCNR at the time of project submission and where the sponsor certifies and the DCNR agrees that the possibility of the reversionary interest or outstanding rights being exercised is remote. These decisions will be made on a case by case basis. When significant outstanding rights are involved, the project application will also contain an opinion of Counsel from the sponsor that the sponsor or recipient has the authority to enter into a grant contract which may require the provision of replacement land. Other rights and interests which, if exercised, will not adversely affect the recreation utility or viability of the area can be excepted in accordance with Section 9-7A-10, Code of Ala. 1975, and guidelines established by the Commissioner.
(i) Leasing of Lands Acquired and/or Developed with RCDAF Assistance. A project sponsor may provide for the operation of a RCDAF assisted facility by leasing the facility to a private organization or individual. As the principal grantee, the Applicant is ultimately accountable for assuring compliance with the applicable State requirements and therefore the delegation or transfer of certain responsibilities to subgrantees or lessees does not relieve the Applicant of its compliance burden. Accordingly, the Applicant must irrevocably agree to provide suitable replacement property should the public use of the leased facility be restricted or the outdoor recreation resource be compromised.
(i) In order to protect the public interest, the project sponsor must have a clear ability to periodically review the performance of the lessee and terminate the lease if its terms and the provisions of the grant agreement, including standards of maintenance, public use, and accessibility are not met.
(ii) The document should clearly indicate that the leased area is to be operated by the lessee for public outdoor recreation purposes in compliance with provisions of the Recreation Capital Development Assistance Fund Program and implementing guidelines.
(iii) The document should require that the area be identified as being publicly owned and operated as a public outdoor recreation facility in all signs, literature and advertising and that the lessee be identified as such so as not to mislead the public into believing that the area is private. Signs should also be posted identifying the facility as being open to the public.
(iv) The document should require that all fees charged by the lessee to the public must be competitive with similar private facilities.
(2) Criteria For Acquisition.
(a) Types of Acquisition. Acquisition of lands and waters for public outdoor recreation, including new areas or additions to existing parks, forests, wildlife areas, beaches, and other similar areas dedicated to outdoor recreation may be eligible for assistance. Acquisition can be by fee simple title or by whatever lesser rights will insure the desired public use. The types of acquisitions that are eligible for assistance include, but are not limited to:
Areas with frontage on oceans, rivers, streams, lakes, estuaries, and reservoirs that will provide water-based public recreation opportunities, or the acquisition of water bodies themselves.
Land for creating water impoundments to provide water-based public outdoor recreation opportunities.
Areas that provide special recreation opportunities, such as floodplains, wetlands, and areas adjacent to scenic highways.
Natural areas and preserves and outstanding scenic areas where the objective is to preserve the scenic or natural values, including areas of physical or biological importance and wildlife areas. These areas must be open to the general public for outdoor recreation use to the extent that the natural attributes of the areas will not be seriously impaired or lost.
Land within urban areas for day-use picnic areas, neighborhood playgrounds, and tot lots; areas adjacent to school playgrounds and competitive nonprofessional sports facilities, as well as more generalized parklands.
(b) Activities Covered. Areas acquired may serve a wide variety of outdoor recreation activities including, but not limited to: driving and walking for pleasure, sightseeing, swimming and other water sports, fishing, picnicking, nature study, boating, hunting and shooting, camping, horseback riding, bicycling, skiing, and other outdoor sports and activities.
(c) Acquisition of Structures. Acquisition projects may include structures and impoundments which:
(a) are to be used primarily for outdoor recreation or outdoor recreation support activities or
(b) are a part of the outdoor recreation area to be acquired, and are to be removed or demolished (or drained in the case of impoundments). RCDAF assistance may be used to acquire modest structures to be used as park ranger's residences provided the cost of the structure is incidental to the total acquisition cost. Project proposals must list all improvements and their proposed use or disposition.
(d) Acquisition of Lesser Interests. Proposed acquisitions of interests in lands and waters of less than fee simple title are encouraged where such lesser rights will insure the desired public use. Such proposals will be considered on the basis of their merit and contribution to outdoor recreation.
(e) Acquisition Involving Compatible Uses. Non-recreation uses, such as timber management, grazing, and other natural resource uses not including agriculture may be carried out within the area if they are clearly described in the project proposals, are compatible with and secondary to outdoor recreation use, and are approved by the Department. Also, facilities that are not eligible for RCDAF assistance may be constructed with other than RCDAF monies on land purchased with RCDAF assistance if such facilities do not constitute a conversion under Section 9-7A-10, Code of Ala. 1975 and regulations and guidelines thereunder.
(f) Means of Acquisition. Acquisition of lands and waters, or interests therein may be accomplished through purchase, eminent domain, transfer, or by gift.
(g) Reservations and Rights Not Acquired. Reservations and rights held by others are permissible only if it is determined that the outdoor recreation purposes and environment would not be significantly affected. The project sponsor shall list all outstanding rights or interests held by others in project documentation and on the project boundary map. Further, the environmental information submitted to DCNR on the project must explain how these outstanding rights are to be dealt with to assure that the outdoor recreation interests and the environment will not be affected significantly.
(h) Acquisition for Delayed Development.
General. RCDAF assistance may be available to acquire property for which the development of outdoor recreation facilities is planned at a future date. In the interim, between acquisition and development, the property should be open for those public recreation purposes which the land is capable of supporting or which can be achieved with a minimum public investment. Non-recreation uses such as agriculture occurring on the property at the time of acquisition may continue for up to 3 years, contingent upon approval by DCNR. In this case the project sponsor shall not receive payment on the project until the non-recreation use is terminated.
Procedures. If development will be delayed for more than two years from the date of acquisition, the project sponsor shall include the following information in the project application.
(i) Why immediate acquisition of the property is necessary.
(ii) What facilities will be developed and when such development will occur.
(iii) What, if any, non-recreation uses will be continued on the property and when such non-recreation uses will be terminated.
(iv) The type of public recreation access that will be provided during the interim period.
"The Applicant will receive no payment from the Recreation Capital Development Assistance Fund for those parcels of land supporting non-recreation uses until the project sponsor has terminated such uses."
Furthermore, the project application should also include:
(i) Assurance that any income received by the project sponsor for the non-recreation use will be used in accord with the provisions of Section 9-7A-1, et seq., Code of Ala. 1975 and regulations and guidelines promulgated thereunder.
(ii) Assurance that the non-recreation use will be terminated within 3 years from the date of acquisition; and
(iii) A written request to the Commissioner for concurrence in the continuation of the non-recreation use during the interim period.
Extension of the 3 Year Limit. In applications where public access for recreation purposes will be provided, the continuation of the non-recreation use beyond the 3 year limit may be extended by the Commissioner. The Applicant should submit a written request for such an extension to the Commissioner before the end of the 3 year period. This request should include 1) a full description of the property's open space value and public recreation use, and 2) an update of the project sponsor's plans for developing outdoor recreation facilities on the property. In granting such an exception, the DCNR recognizes that certain non-recreation uses are compatible with limited public recreation use of the property and the enjoyment of open space values. The Commissioner shall not grant an extension of the 3 year limit if public recreation access and open space values are not present. If an extension of the 3 year limit is granted, the project sponsor cannot be reimbursed until all non-recreation uses have ceased.
(i) Acquisition Which Will Not Be Assisted.
Acquisition of historic sites and structures will not receive RCDAF assistance. Exceptions may be made only when it is demonstrated clearly that the acquisition is primarily for outdoor recreation purposes and that the historic aspects are a corollary to the primary recreation purposes. This exclusion need not prevent the consideration of projects calling for acquisition of real property interests contiguous to or near historic sites and structures which meet priority outdoor recreation needs.
Acquisition of museums and sites to be used for museums or primarily for archeological excavations will not receive RCDAF assistance.
Acquisition of land to help meet a public school's minimum site size requirement, as established by State or local regulations will not receive RCDAF assistance.
Acquisition of areas and facilities designed to be used primarily for semi-professional and professional arts and athletics will not receive RCDAF assistance.
Acquisition of areas and facilities to be used solely for game refuges or fish production purposes will not receive RCDAF assistance. However, such areas and facilities may be eligible if they will be open to the public for general compatible recreation, or if they directly serve priority public outdoor recreation needs.
Acquisition of areas to be used mainly for the construction of indoor facilities will not receive RCDAF assistance. Also prohibited are areas where existing indoor recreation facilities, if left in place, will not leave sufficient area at the site for the development of outdoor recreation facilities to justify the cost of the acquisition.
Acquisition of railroad "hardware," trestles, stations, yards, and the like will not receive RCDAF assistance, if such are to be used for the commercial operation of railroad trains.
Acquisition of agricultural land primarily for preservation in agricultural purposes will not receive RCDAF assistance.
(3) Criteria For Development.
(a) General. Financial assistance may be available through the RCDAF program to provide most facilities necessary for the use and enjoyment of outdoor recreation areas. The RCDAF Program specifies that development projects may consist of basic outdoor recreation facilities to serve the general public provided that the funding of such a project is in the public interest and in accord with the Recreation Capital Development Assistance Program. In addition, development projects are subject to all other conditions, policies, and regulations included in the RCDAF Program.
(b) Project Scope. A development project or consolidated project element may consist of one improvement or a group of related improvements designed to provide basic facilities for outdoor recreation, including facilities for access, safety, health, and protection of the area, as well as those required for the use of the area. Furthermore, a project may consist of the complete or partial development of one area, such as a State park or a city playground, or it may consist of a series of developments on a number of geographically separated areas such as picnic facilities in a number of parks, or the construction of fishing piers on a number of lakes in the State. In all cases, the project must be a logical unit of work to be accomplished in a specific time frame. Ineligible facilities to be funded through sources other than the RCDAF program may be included in the development concept plan of a project. The development of such ineligible facilities on lands acquired with RCDAF assistance will be allowed only if they do not constitute a conversion under Section 9-7A-10, Code of Ala. 1975, and guidelines established thereunder.
(c) Design Criteria. Plans for the development of land and/or facilities should be based on the needs of the public, the expected use, and the type and character of the project area. Facilities should be attractive for public use and generally be consistent with the environment. Plans and specifications for the improvements/facilities should be in accord with established engineering and architectural practices. Emphasis should be given to the health and safety of users, accessibility to the general public, and the protection of the recreation and natural values of the area.
(d) Ownership or Control of Project Lands. Facilities may be developed on land and water owned by the participating agency or leased to the project sponsor provided that control of such property is commensurate with the proposed development. This control must be adequate in two regards:
The time remaining on the lease shall be no less than 25 years or in the Commissioner's judgment as shall insure a period of public use and enjoyment commensurate with the expenditure of money.
The lease cannot be revocable at will by the lessor. In the case of Forest Service Term Special Use Permit, the Forest Service reserves the right to revoke the use permit at its discretion. For such project, the grant agreement between the sponsor and the DCNR will expressly recognize the possible termination of the permit by the Forest Service and the sponsor should nonetheless obligate itself to provide substitute lands in that event.
(e) Guidelines for Eligible Recreation Facilities. Development projects may include but are not limited to the following facility types:
Sports and Playfields. RCDAF assistance may be available for fields, courts and other outdoor spaces used in competitive and individual sports. This includes fields for baseball, softball, soccer and football, tennis courts, playgrounds and tot lots, golf courses, rifle/pistol ranges, trap/skeet fields, archery ranges, rodeo arenas, running tracks, and other similar facilities.
Picnic Facilities. RCDAF assistance may be available for tables, fireplaces, shelters, and other facilities related to family or group picnic sites.
Trails. RCDAF assistance may be available for the development and marking of overlooks, turnouts and trails for nature walks, hiking, bicycling, horseback riding, exercising, motorized vehicles and other trail activities.
Swimming Facilities. RCDAF assistance may be available for swimming beaches, outdoor pools, wavemaking pools, wading pools, spray pools, lifeguard towers, bathhouses and other similar facilities. Indoor swimming pools are also eligible for RCDAF assistance.
Boating Facilities. RCDAF assistance may be available for most facilities related to motorboating, sailing, canoeing, kayaking, sculling and other boating activities. These facilities include, but are not limited to, docks, berths, floating berths secured by buoys or similar services, launching ramps, breakwaters, mechanical launching devices, boat lifts, boat storage, sewage pumpout facilities, fuel depots, water and sewer hookups, restrooms, showers, electricity and parking areas. Assistance will not be provided for operational equipment such as buoys, ropes, life jackets, or boats. Marinas are also eligible for assistance and are subject to the following provisions regardless of when RCDAF assistance was provided:
(i) An equitable method of allocating berth space shall be used in all marinas. Allocation methods shall include:
(a) annual or multi-year lotteries, or
(b) posted waiting lists where berth space is filled in the order of receipt of applications, or
(c) another method selected by the applicant that responds to local conditions and equitably allocates space among all parties. In each instance, adequate public notice shall be provided announcing the availability of berth space and describing application procedures. The project sponsor shall determine the most equitable method under which leaseholders may compete for future berth space vacancies. For new marinas the project narrative shall describe the allocation system to be used.
(ii) Commercial charter fishing or sightseeing boats are permissible marina lease holders due to their potential for expanding public waterfront access. However, it is not intended that these users occupy a significant number of marina berths and accordingly, project sponsors should establish reasonable limits on the number of berth spaces provided for such users.
(iii) New marinas receiving RCDAF assistance shall also be subject to the following provisions:
(I) Berth lease terms shall not be transferable to any other party.
(II) Berth space for transient boaters shall be provided.
(III) Marinas located in urban areas shall include specific design provisions for non-boater public access. Such access, which expands water-based recreation opportunities, may be met by providing walkways, observation points, fishing piers and/or related facilities. Limited access to the actual marina berths may be retained.
Fishing/Hunting Facilities. RCDAF assistance may be available for trails, fishing piers and access points, initial clearing and planting of food and cover, stream improvements, wildlife management areas, fish hatcheries and other facilities necessary for public fishing or hunting. In developing and evaluating fish hatchery proposals, priority shall be given to hatcheries which provide urban fishing opportunities.
Winter Sports Facilities. Outdoor ice skating and ice hockey rinks are eligible.
Camping Facilities. RCDAF assistance may be available for tables, fireplaces, restrooms, information stations, snackbars, utility outlets and other facilities needed for camping by tent, trailer or camper. Cabins or group camps of simple austere design and accessible to the general public in an equitable manner are eligible. Group camps designated for specific groups or for which specific groups will be given priority access are not eligible.
Exhibit Facilities. RCDAF assistance may be available for outdoor exhibit or interpretive facilities that provide opportunities for the observation or interpretation of natural resources located on the recreation site or in its immediate surrounding areas. This includes small demonstration farms, arboretums, outdoor aquariums, outdoor nature exhibits, nature interpretive centers and other similar facilities. However, exhibit areas will not be assisted if they function primarily for academic, historic, economic, entertainment or other nonrecreational purposes. This restriction includes convention facilities, livestock and produce exhibits, commemorative exhibits, fairgrounds, archeological research sites, and other nonrecreational facilities. The development of nature and geological interpretive facilities which go beyond interpreting the project site and its immediate surrounding area are not eligible. Electronic or mechanical devices for use by the handicapped are eligible. Examples include: projectors, screens, recorders etc.
Spectator Facilities. RCDAF assistance may be available for amphitheaters, bandstands and modes seating areas related to playfields and other eligible facilities, provided the facility is not designed primarily for professional or semiprofessional arts or athletics, nor intercollegiate or interscholastic sports. Some bleachers or other modes seating areas are encouraged to be incorporated where needed into eligible recreation facilities to serve the handicapped, elderly and other nonparticipants in the facility's major recreation activity. Seating shall not be expanded solely to provide capacity for a limited number of special events.
Community Gardens. RCDAF assistance may be available for land preparation, perimeter fencing, storage bins and sheds, irrigation systems, benches, walkways, parking areas and restrooms related to a community garden. In such a project, community gardening must be clearly identified in the Applicant's Recreation Planning Program as a needed outdoor recreation activity and must be accessible to the general public in an equitable manner. Furthermore, RCDAF assistance is not available for fertilizer, seeds, tools, water hoses, nor gardens planned as commercial enterprises.
Renovated Facilities. RCDAF assistance may be available for extensive renovation or redevelopment to bring a facility up to standards of quality and attractiveness suitable for public use, if the facility or area has deteriorated to the point where its usefulness is impaired, or outmoded, or where it needs to be upgraded to meet public health and safety laws or requirements. However, such renovation is not eligible if the facility's deterioration is due to inadequate maintenance during the reasonable life of the facility.
Professional Facilities. Areas and facilities designed primarily for semi-professional or professional arts or athletics, such as professional type outdoor theaters, professional rodeo arenas and other similar facilities are not eligible for RCDAF assistance.
Handicapped Facilities. RCDAF assistance may be available for the adaptation of new or existing outdoor recreation facilities and support facilities for use by the handicapped. However, outdoor recreation facilities to be used exclusively by the handicapped are not eligible unless such facilities are available to the general public or are part of an outdoor recreation area which serves the general public.
Mobile Recreation Units. Mobile recreation units including playmobiles, skatemobiles, swimmobiles, show wagons, and puppet wagons are not eligible for RCDAF assistance.
Zoo Facilities. Outdoor display facilities at zoological parks are eligible to receive Recreation Capital Development Fund assistance provided they portray a natural environmental setting that serves the animal's physical, social, psychological and environmental needs, and that is compatible with the activities of the recreator. Traditional outdoor caging facilities and animal pens are not eligible although Fund assistance can contribute to the renovation of such facilities to achieve a more natural environmental setting as described above. Basic winter/adverse weather housing quarters that are separate and distinct from enclosed viewing and display areas and which are used in direct support of outdoor displays may also receive assistance. Support facilities to serve the needs of the recreator, such as walkways, landscaping, comfort facilities, parking, etc. are also eligible. Other enclosed or sheltered facilities such as indoor displays, and permanent housing are not eligible for Fund assistance.
(f) Guidelines for Eligible Support Facilities.
Public Use Facilities. RCDAF assistance may be available for support facilities needed by the public for outdoor recreation use of an area, such as roads, parking areas, utilities, sanitation systems, restroom buildings, simple cabins or trail hosters, warming huts, shelters, visitor information centers, kiosks, interpretive centers, bathhouses, permanent spectator seating, walkways, pavilions, snack bar stands, and equipment rental spaces. When appropriate, support facilities may be sheltered from the elements by providing a simple roof or cover. Informational materials and leaflets are not eligible.
Operation and Maintenance Facilities. Facilities that support the operation and maintenance of the recreation resource on which they are located are eligible, such as maintenance buildings, storage areas, administrative offices, dams, erosion control works, fences, sprinkler systems and directional signs. Regional and areawide maintenance facilities are eligible provided the project sponsor agrees to include those park and recreation areas served by the maintenance facility in the scope of the project agreement and under the conversion provisions of the Program. However, an employee's residence and its furnishings are not eligible.
Beautification. The beautification of an outdoor recreation area is eligible provided that it is not part of a regular maintenance program and if the site's condition is not due to inadequate maintenance. This includes landscaping to provide a more attractive environment; the clearing or restoration of areas which have been damaged by natural disasters; the screening, removal, relocation or burial of overhead powerlines; the dredging and restoration of publicly owned recreation lakes or boat basins and measures necessary to mitigate negative environmental impacts.
Indoor Facilities. RCDAF assistance will not be provided for support facilities, or portions of support facilities which contribute primarily to public indoor activities, such as meeting rooms, auditoriums, libraries, study areas, restaurants, lodges, motels, luxury cabins, food preparation equipment, kitchens, and equipment sales area.
Prorata Basis. Support facilities that exclusively serve ineligible facilities are not eligible. However, if support facilities will serve both eligible and ineligible facilities, as may be the case with roads and sewers, assistance may be provided on a pro rata basis for that portion of the support facility that will serve the eligible facilities, provided that the eligible facilities are subject to the Act's conversion provisions.
Roads. Roads constructed outside the boundaries of the recreation area or park are not eligible, unless:
(i) They are, in fact, access roads to a designated park and recreation area and not part of a State, county or local road system extending beyond or through the boundaries of the area.
(ii) The access corridor must be owned or adequately controlled by the agency sponsoring or administering the park or recreation area.
(iii) The principal objective is to serve the park and visitors. Any use or service to private parties must clearly be incidental to the primary use of the access road for recreation purposes in which case assistance may be granted on a pro rata basis. Roads designed to serve undesignated recreation areas or Federal areas are not eligible.
Equipment. Equipment required to make a recreation facility initially operational, and certain supplies and materials specifically required under State Health Department regulations may be eligible for assistance.
Relation to Project Proposal. Development projects in new or previously undeveloped recreation areas may not consist solely of support facilities, unless they are required for proper and safe use of an area which does not require additional outdoor recreation facilities (such as construction of restrooms at a public nature study area), or unless necessary outdoor recreation facilities are being developed concurrently with the RCDAF assisted support facilities, or unless necessary outdoor recreation facilities will be developed within a reasonable period of time. In the latter two cases, the project agreement must include a provision that the non-RCDAF assisted outdoor recreation facilities are to be completed within a certain time frame agreeable to DCNR and that if they are not, the RCDAF monies will be refunded.
Staged Projects. If the first stage of a multistaged RCDAF project consists wholly of support facilities, and approval is requested only for the first stage, the project agreement must contain the provision that the first stage RCDAF monies will be refunded if the later stages, which include the recreation facilities, are not completed within two years.
Energy Conservation Elements. The energy conservation elements of an eligible outdoor recreation facility and its support facilities are eligible for RCDAF assistance. This includes but is not limited to solar energy systems, earth berms, window shading devices, energy lock doors, sodium vapor lights, insulation and other energy efficient design methods and materials. In addition, power systems which minimize or eliminate a facility's use of petroleum and natural gas are eligible including, but not limited to, windmills, on-site water power systems, bioconversion systems, and facilities required for the conversion of existing power systems to coal, wood, or other energy efficient fuels.
(g) Facility Location. Development projects may be located on lands and waters owned by or leased to the project sponsor. In certain situations, however, the following conditions also apply:
Public School Grounds. Outdoor recreation areas and facilities for coordinated use by the general public and by public schools, including colleges and universities, are eligible for RCDAF assistance, provided such facilities are not part of the normal and usual program and responsibility of the educational institution. Facilities needed to meet the physical education and athletic program requirements of a school may not receive RCDAF assistance. This policy does not preclude exclusive school use of certain facilities such as athletic fields, tennis courts, swimming pools, etc. at certain times for instruction or competition provided there is adequate public use at other times. Stadiums and permanent bleachers are not eligible for RCDAF assistance. The grant application must include a schedule of the time the facility will be available to the public. Additionally, adequate signs must be installed at the site, prior to final payment on the project, indicating when the outdoor recreation facilities are available to the general public.
Tourist Areas. Outdoor recreation and support facilities may be located in primary or potential tourist market areas, provided their primary purpose is for public outdoor recreation as opposed to entertainment or economic development, and provided they do not create unfair competition with the private sector.
Historic Sites. Outdoor recreation and support facilities may be located on historic sites or in conjunction with historic structures. This includes picnic areas, walkways and trails on a historic property as well as visitor centers oriented to the outdoor facilities and environment. However, the restoration or preservation of historic structures is not eligible.
Utility Sites. Outdoor recreation and support facilities may be located on utility company lands such as rights-of-way, reservoir lands, etc, unless the Exhibit R of the utility's license application filed with the Federal Energy Regulatory Commission indicates that the facilities are to be provided at the expense of the licensee.
Agricultural Lands. Outdoor recreation and support facilities, such as demonstration farms, wildlife management and hunting areas, may be planned in conjunction with agricultural activities, provided that the type and extent of the agricultural activity is limited to that necessary to support the outdoor recreation activity.
(4) Application And Amendment Procedures
(a) General. This section deals with the procedures and requirements for submitting an acquisition and/or development project application to DCNR for RCDAF assistance and for amending and approving such projects.
(b) Background to the Application. Before submitting an application to DCNR for RCDAF assistance, the sponsoring agency must have developed the plans for its proposed project to the point where the project scope can be described and reasonable estimates of cost can be made.
(c) Submission of an Application. Project applications should be received at least 60 days in advance of the proposed acquisition or the beginning of construction.
(d) Application Forms. All applicants will use the RCDAF Assistance Application For Construction Programs. One signed copy of the above form will be submitted to DCNR when using a Complete Single Project Application.
(e) Agreement Forms. A project agreement which establishes the framework for accomplishing the project will be negotiated between the Sponsor and the State for each project. Execution of the agreement by DCNR constitutes its approval of the project.
(i) It sets forth the obligations assumed by the Sponsor through its acceptance of State assistance, including the rules and regulations applicable to the conduct of a project under the Act and any special terms and conditions to the project established by DCNR and agreed to by the Sponsor.
(ii) It obligates the State to provide grants up to a designated amount for eligible costs incurred on the project on the basis of information and cost estimates contained in the proposal. This amount is the "support ceiling," and may vary as a percentage of total eligible costs, but in no event will it exceed 50 percent of the total cost indicated on the agreement forms.
(iii) It sets forth methods of costing, accounting, incurrence of costs, and similar matters.
(iv) The date of approval is the beginning of the project period, unless DCNR has granted for that project a waiver of its policy of not approving costs retroactively. A termination date is included. The total project period will normally be three years.
(v) It describes what is to be done and how it will be accomplished. If the project is to be staged, the sequence and content of the stages are shown.
Submission of the Agreement. In applying for RCDAF assistance, the Sponsor will submit three (3) copies of the project agreement to the DCNR. The original and one copy of the agreement must be hand signed by the chief elected official or the officially designated alternate.
Notification to the Sponsor. A signed copy of the approved agreement will be returned by DCNR to the Sponsor and will constitute necessary notification of project approval.
Local Sponsor Responsibilities. When the project sponsor is a local unit of government DCNR will make such arrangements with the sponsor as necessary for the successful completion of the project and the enforcement of Federal and State laws, regulations and guidelines.
(f) Dated Project Boundary Map. In applying for RCDAF assistance the Sponsor will submit to DCNR a dated project boundary map which clearly delineates the area to be included under the conversion provisions of Section 9-7A-10Code of Ala. 1975, and guidelines established thereunder.
Project Area. At a minimum, this area must be a viable public outdoor recreation area which is capable of being self-sustaining without reliance upon adjoining or additional areas not identified in the scope of the project. Except in unusual cases where it can be shown that a lesser unit is clearly a self-sustaining outdoor recreation resource, this area will be the park, open space, or recreation area being developed or added to. Exceptions will be made only in the case of larger parks where logical management units exist therein. In no case will the areas covered by Section 9-7A-10 of the Code of Ala. 1975, and guidelines and regulations thereunder be less than that acquired with RCDAF assistance.
Requirements. The project boundary map and/or attachments thereto will identify the following: area held by others. Known easements, deed/lease restrictions,
(i) The title and number of the project.
(ii) The date of map preparation.
(iii) The area(s) under lease and term remaining on the lease(s).
(iv) All known outstanding rights and interests in the reversionary interests, etc. are to be included. Those outstanding rights and interests which, in the opinion of the State, would not adversely impact the utility and viability of the recreation area if exercised and not intended to be included under the conversion provisions of Section 9-7A-10Code of Ala. 1975 and guidelines established thereunder should be specifically identified.
(v) The project area in sufficient detail so as to be legally sufficient to identify the lands to be afforded protection under Section 9-7A-10Code of Ala. 1975 and guidelines and regulations thereunder. The following methods of identification are acceptable:
Deed references.
Adjoining ownerships.
Adjoining easements of record.
Adjoining water bodies or other natural landmarks.
Metes and bounds.
Government survey.
Where one or more of the above methods are not readily suited for area identification, measurements from permanent locators may be used. A formal survey is not required, however.
Review. Prior to final approval of a project, the Administrator will review and accept the dated project boundary map's identification of the area to be protected by Section 9-7A-10, Code of Ala. 1975, and guidelines and regulations thereunder as well as any land or rights in land excluded from that protection.
Alteration to Project Area. Prior to the date of final billing for the project the Sponsor and the Commissioner may mutually agree to alter the project area to provide for the most satisfactory unit intended to be administered under the provisions of Section 9-7A-10, except that acquired parcels are afforded Section 9-7A-10 protection as RCDAF reimbursement is provided.
(g) Description and Notification Form (DNF). The Description and Notification Form will be used to provide data input for the Administrator's automated project information system. Also, facility codes and target dates indicated on this form by the State will provide additional detail on the project.
The Sponsor will submit a Description and Notification Form for each single project.
(i) For acquisition projects the number of acres to be acquired and the type of conveyance will be specified. The size of the acquisition may be increased or decreased by 20 percent or 10 acres, whichever is greater, before an amendment is required.
However, RCDAF assistance will not be provided if it is determined by the Commissioner that a reduction in project size results in a nonviable recreation area.
(ii) For development projects, the project scope will be defined by the Primary Facility Groups identified in paragraph (iii) below. Facilities listed under each Primary Facility Group are included in the project scope by definition. Changes only involving facilities within a Primary Facility Group may be made without an amendment. However, changes involving facilities in different Primary Facilities Groups will require an amendment. In either case, changes which may have a significant impact on the environment will be coordinated with the Administrator.
(iii) The Primary Facility Groups are identified by A,B,C... and the subgroups are identified by 1,2,3...
A. Campgrounds
tent sites
trailer/camper sites
group campground
day camp
B. Picnic areas
family site
group shelter
C. Sports and playfields
general purpose playfields
baseball/softball
football/soccer
tot lot
tennis courts
other courts
rifle/pistol range
trap/skeet field
archery range
rodeo area
track facility
D. Golf course
regular course
par 3 course
driving range
E. Swimming facilities
pool (except sheltered pools)
wading pool
spray pool
swimming beach
bathhouse
F. Boating facilities
launch ramp
berths
boat lift
G. Fishing facilities
pier
stream improvement
fish access
H. Trail
hiking
horse
bicycle
motorized
nature
exercise
J. Winter sports facilities
ski lift
ski slope
ski jump
sled/toboggan run
skating rink
ski trails
snowmobile trails
warming huts
K. Sheltered pool
L. Sheltered ice rink
M. Hunting
N. Natural area
O. Passive parks
P. Support facilities
walkways
site improvement/landscaping
utilities
equipment
roads
parking
lighting
signs
comfort station
concession bldg.
maintenance bldg.
Q. Amphitheater/Band Shell
R. Lake Impoundments
S. Visitor Information Center
T. Interpretive Center
(i) Target dates. Because most projects should be completed in less than three years, target dates will be provided for each project and project element in order to track progress and performance. The target dates will be entered on the Description and Notification Form.
(ii) Time extensions. A period of one year shall be considered as the minimum time extension of a project period when amending a project.
(iii) Beginning and Ending Dates. The beginning date of a project normally will be the date of approval. When a waiver of retroactivity has been granted, the effective date of the waiver shall be used as the beginning date of the project period.
(h) Information. All significant data must be disclosed in the application and its supporting documents. Failure by the Applicant to consider information which might have a significant bearing on the eligibility of a proposal might be cause for refusal, cancellation, or recoupment of State assistance.
The project proposal, including all information required by DCNR to be on file at the State level, is considered to be a public record. However, there may be some information which the project sponsor wishes to keep confidential. These items should be identified specifically to the Administrator.
Copies of proposals may be distributed by DCNR to other public agencies for information or comment.
(i) Amendments. An amendment form is required to add to or alter the signed agreement. When the amendment is signed by the Commissioner it becomes part of the agreement and supercedes it in the specified matter.
(i) To activate a qualified stage of a staged project. In this case, an amendment will be necessary each time funding is requested for the activation of another stage. The amendment will indicate the stage to which it applies and the amount of the new obligation.
(ii) To increase or decrease the total RCDAF assistance for a single project.
(iii) To add or delete a Primary Facility Group of the project scope.
(iv) To increase or decrease the acreage to be acquired by more than 10 acres or 20 percent whichever is greater. Any major change in the location of the project site to be acquired shall require approval by the Commissioner.
(v) To extend the project period.
(vi) To amend the project area due to a Section 9-7A-10 conversion that involves off site replacement land, replacement at a later date, or a significant number of acres to be converted.
(i) An Amendment to the Project Agreement Form (3 copies, the original and one copy must be hand signed);
(ii) Cover sheet (one copy);
(iii) Letter explaining the changed conditions and how they affect the project;
Time Extensions. An amendment to extend the ending date of the project period cannot be made for less than one year.
Unexpended Balance. Amendments are not necessary to return the unexpended balance, at the time of project completion, to the RCDAF Fund.
(j) Withdrawal or Changes in Project Application. Prior to approval, an application may be altered or withdrawn by a letter from the project sponsor to the Commissioner.
An approved project can be withdrawn unilaterally by the State at any time before the first payment on the project or element is made.
(5) General Cost Principles
(a) Basic Concept. Project costs will be matched project by project. Each project represents a separate transaction for purposes of determining the amount of the RCDAF assistance.
(b) Relationship of Costs to Project Period. To be eligible for matching assistance, costs must have been incurred within the project period except for preagreement planning costs. The project period is the span of time stipulated on the agreement during which all work to be accomplished under the terms of the agreement must be completed. The RCDAF does not reimburse obligations, regardless of when they are assumed; it reimburses costs incurred during the project period.
Development costs are first incurred at the start of actual physical work on the project site (such as the clearing of ground, the beginning of construction of a building, or the delivery of material to the site), and continue through the period the work is being done. Costs are not incurred at some earlier time when contracts are signed, funds obligated, or purchase orders issued, or at a later time when the ensuing bills are paid.
Since the transfer of ownership in real property can be a protracted process, the relationship of acquisition costs to project period is separated into two elements: the date when the acquisition cost is incurred and the date when the cost is eligible for reimbursement.
(i) Acquisition costs are incurred on the date when the earliest of any of the following transactions take place:
(I) The project sponsor accepts deed, lease or other appropriate conveyance;
(II) The project sponsor makes full payment for the property;
(III) The project sponsor makes first payment in a series of spaced or time payments;
(IV) The project sponsor makes the first or full payment as stipulated in an option agreement (The cost of the option, if included as part of the purchase price, is allowed as a retroactive cost).
(V) The project sponsor makes first partial or full payment to an escrow agent.
(ii) The transactions in (i) above will be used to determine whether an acquisition cost is incurred within the project period. Eligible acquisition cost (and retroactive option costs as appropriate) will be reimbursed only after the project sponsor has made payment and received satisfactory title to the property.
(c) Retroactivity. It is the intent of the DCNR that RCDAF assistance be awarded to assist work not yet undertaken, rather than to help pay for work already begun or completed. This applies to entire projects and to each stage of a multi-stage project.
In some cases, the project sponsor will have begun some parts of the work, and thereby incurred costs before the project is acted upon. If such a project is approved, none of the costs incurred prior to approval will be matched, except as indicated in sections 2 and 3 below.
If, during the conduct of a project, it becomes apparent that completion will not be possible within the project period, the Sponsor will submit a request to extend the project period. This should be submitted at least 30 days prior to the expiration date. A period of one year shall be considered as the minimum time extension of a project period when amending a project. Requests for project period extension submitted after the expiration date will not normally be approved, and costs incurred after the expiration date will not be eligible for assistance.
If the State grants an exception, the retroactive costs will be eligible for assistance if the agreement is later approved. Granting an exception is only an acknowledgment of the need for immediate action; it does not imply a qualitative approval of the project. The retroactive costs are incurred at the applicant's risk, since the granting of the waiver does not in any way insure approval of the project.
Project proposals should be submitted for funding as soon as possible after the granting of a waiver of retroactivity. In all cases, however, projects for which a waiver has been granted will be submitted within one fiscal year following the fiscal year in which the waiver was granted.
Therefore, for development projects, the costs of site investigation and selection, site planning, feasibility studies, preliminary design, environmental assessment, preparation of cost estimates, construction drawings and specifications, and similar items necessary for project preparation may be eligible for assistance, although incurred prior to project approval. Similar costs may be allowable for acquisition proposals except those relating to appraisals, surveys, and other incidental costs to the purchases.
All such pre-agreement planning costs incurred within three years prior to project submission to DCNR are allowable. Eligible planning costs incurred beyond three years may be allowable provided the earliest date from which they are incurred is identified in the project agreement. The sponsor must have on file and available for review sufficient information to justify the amounts of such preagreement costs, to indicate the periods during which they were incurred and to justify their applicability to the particular project.
Donation Project. Waiver requests involving real property donations will, where possible, identify the additional acquisition or development to be accomplished under the proposed project or projects. In any event, a project agreement specifying the use of the donated value must be entered into prior to the expiration of the waiver.
Staged Project. When a project is staged, each stage will be treated separately, and must be approved before costs are incurred. Any cost incurred prior to approval will be funded only on the exceptional basis outlined for retroactive projects in Section 2 above, or as preagreement planning costs identified in Section 3 above.
(d) Cost Overruns and Amendments of Scope. During the execution of a project there may be unforeseen delays, changes in specifications, or rising costs of labor and supplies which cause the cost of the stage or project to be greater than the approved support ceiling. Or, as work progresses, it may be necessary or desirable to alter the scope of the project by adding, deleting or modifying some of its parts.
Where such changes fall outside the allowed scope flexibility, the sponsor is required to notify the Administrator of such changes and to submit an amendment as soon as possible to cover the modification. It is recognized, however, that it will not always be possible for the State to act in advance of the change, and any costs thus incurred prior to their approval are done so at the project sponsor's risk.
Proposed amendments decreasing the scope or approving a cost overrun will be considered after the project period, if an earlier submission is not possible, but only those costs incurred within the project period will be eligible. No proposed amendments to increase the scope will be considered after the project period has expired. An amendment to add or substitute scope items will not be approved if the period of availability for obligation of funds obligated under the project has expired.
(6) Sponsor's Financial Obligations.
(a) Matching Share. RCDAF assistance shall not exceed 50% of the total eligible costs and is provided primarily on a reimbursement basis. In most cases the project sponsor will initially pay in full all costs accrued during the project period.
When the sponsor lacks the financial resources to initially finance approved projects in a timely manner, the sponsor may request an advance of monies to cover the State share of anticipated costs.
When an advance is requested, the Sponsor shall include a financial plan which outlines the reason for the request and a schedule of disbursements by months or other payment intervals.
(b) Applicability of Donations. DCNR encourages the donation of cash and in-kind contributions including real property to project sponsors by private parties. The value of the in-kind contributions may be used as part of the project sponsor's share of the project cost. The method of valuation and charges for volunteer services, material, and equipment must be documented and approved by the State prior to the donations being applied to reimbursement requests in order for such contributions to be considered as part of the sponsor's matching share. Specific procedures for placing the value on in-kind contributions from private organizations and individuals are set forth below:
(i) Rates for Volunteer Services. Rates for volunteers should be consistent with those regular rates paid for similar work in other activities of the State. In cases where the kinds of skills required for the state-assisted activities are not found in the other activities of the grantee, rates used should be consistent with those paid for similar work in the labor market in which the grantee competes for the kind of services involved. The time of a person donating services will be valued at the rate paid as a general laborer unless the person is professionally skilled in the work being performed on the project (i.e., plumber doing work on pipes, mason doing work on a brick building). When this is the case, the wage rate this individual is normally paid for performing this service may be charged to the project. A general laborer's wages may be charged in the amount of that which the city or cities in the immediate area pay their city employees for performing similar duties.
(ii) Volunteers Employed by Other Organizations. When an employer other than the grantee furnishes the services of an employee, these services shall be valued at the employee's regular rate of pay (exclusive of fringe benefits and overhead cost) provided these services are in the same skill for which the employee is normally paid.
Valuation of Materials. Prices assessed to donated materials included in the matching share should be reasonable and should not exceed current market prices at the time they are charged to the project. Records of in-kind contributions of material shall indicate the fair market value by listing the comparable prices and vendors.
Valuation of Donated Real Property. The value of donated real property shall be established by an independent appraiser in accord with commonly accepted appraisal practices. Upon completion of the appraisal, at the project sponsor's expense, it will be submitted to the State for final review and acceptance.
Valuation of Donated Equipment. The hourly rate for donated equipment used on a project shall not exceed its fair-rental value. Hourly rates in the annual edition of Rental Compilation or Rental Rate Guide or similar publications which provide the national or regional average rates for construction equipment may be used. Such publications are usually available from contractor associations. Records of in-kind contributions of equipment shall include schedules showing the hours and dates of use and the signature of the operator of the equipment.
Valuation of Other Charges. Other necessary charges such as equipment use charges incurred specifically for an indirect benefit to the project on behalf of the sponsor may be accepted as matching share provided that they are adequately supported and permissible under the law. Such charges must be reasonable and properly justifiable.
Documentation. The basis for determining the charges for donated personal services, material, equipment and land must be documented and must be approved by the State prior to the billing which includes the value of the donation.
Limits of the Valuation. In-Kind contributions are eligible in a project only to the extent that there are additional acquisition and/or development costs to be met by the State assistance requested for that project, which must be fully described and explained in the proposal. Example: Land valued at $10,000 is donated to the project sponsor who proceeds to develop the property for recreational use. Development costs come to $6,000. The total project cost is therefore $16,000 and the matching share would normally be $8,000. But because only $6,000 was actually spent, and since a grant in excess of that would constitute a profit to the sponsor, the State share is reduced accordingly.
Sponsor's share (amount of the $10,000 donation applied to the project) ...... $6,000
RCDAF Assistance .. $6,000
$12,000
The amount of donation that is matchable is the value of the donation or the amount of cash spent by the sponsor for additional acquisition or development, whichever is less. Any portion of the value of a donation not utilized by the project sponsor for matching in the project ($4,000 in the above example) may be made available to subsequent projects if approved by State and only for the fiscal year in which the donation is made plus one additional fiscal year.
Multi-Site Land Donations. To be eligible for matching assistance, in-kind contributions shall be applicable to a single project site. However, a multi-site project involving land donations may be considered to the extent that such is of the donation to a single site.
(c) The Commissioner may establish any guidelines he deems necessary to effectuate the provisions of Section 9-7A-1, Code of Ala. 1975 et. seq., and rules and regulations established thereunder, including, but not limited to, financial management procedures, application forms, guidelines, contracts, agreements, and post-completion responsibilities.
(7) Allowable Costs.
(a) Determining Amounts of Costs.
General. The rates, practices, rules, and policies of the project sponsor, as consistently applied, shall generally determine the amount of costs of each item charged to a project. In instances where the sponsor has no such basis, that of the State shall apply.
Ceiling on Amount of Cost Items. The amount of each item of cost that may be matched from the RCDAF shall not exceed the sponsor's actual cash outlay for that item, or the fair market value of the item, whichever is less. An exception could be land acquired at a price in excess of appraised value and supported by an adequate statement on difference of value.
(b) Ceiling on Total Matching Share From the Fund. The total matching amount made available for an approved project shall not exceed the approved support ceiling.
(c) Guidelines for Determining Allowable Costs.
(i) Be necessary and reasonable for proper and efficient administration of the grant program, be allocable thereto, and, except as specifically provided in these guidelines, not be a general expense required to carry out the overall responsibilities of State or local government.
(ii) Be authorized or not prohibited under State or local laws or regulations.
(iii) Be consistent with policies, regulations, and procedures that apply uniformly to activities of the unit of government of which the project sponsor is a part.
(iv) Be treated consistently through the application of generally accepted accounting principles appropriate to the circumstances.
(v) Not be allocable to or charged to any other state or federally financed program.
(vi) Be net of all applicable credits.
(vii) Any otherwise allowable expenditures (over $10,000.00) expended pursuant to and in accordance with Article 3 of Chapter 16 of Title 41, Code of Ala. 1975, as amended, shall only be allowable if the sponsor has advertised for such proposed expenditures in an invitation for bids providing due notice and detail of said proposed expenditures in a newspaper of general circulation in the county or counties where the expenditures are to be made, as well as in the Montgomery Advertiser, for a period of three (3) consecutive weeks prior to the bid opening.
(i) A cost is allocable to the grant to the extent of benefits received.
(ii) Any cost allocable to a particular project may not be shifted to another state or federal project to overcome fund deficiencies, avoid restrictions imposed by law or project agreements, or for other reasons.
(iii) When an allocation of joint costs will result in charges to this program, an allocation plan will be required.
Applicable Credits. Credits are receipts or reductions of expenditure-type transactions which offset or reduce allocable costs. Examples are discounts, rebates, recoveries on losses, sale of items, and adjustment of overpayments.
Total Costs. The total cost of a project is comprised of the allowable direct cost plus its share of allowable indirect costs, less applicable credits.
Classification of Costs.
(i) Direct Costs. Direct costs are those identified specifically with and charged directly to a particular project. Typical direct costs are employee compensation for time and effort devoted to a specific project, costs of materials, costs of equipment and other capital expenditures, or the acquisition of land.
(ii) Indirect Costs. In order to make use of the RCDAF for increasing outdoor recreation opportunities, Applicants are urged to absorb administrative and other overhead expenses to the maximum extent possible through the use of the sponsor's normal funds and resources. However, where an Applicant cannot effectively administer the RCDAF program with its own resources, RCDAF funds may be used to pay a portion of the costs incurred by the Applicant. Indirect costs are those incurred for a common or joint purpose benefiting more than one project, and are not readily assignable to the individual projects.
Costs Incurred by Other Agencies. The costs of service provided by other agencies may only include allowable direct costs of the service plus a prorata share of allowable supporting costs (costs of such auxiliary functions as procurement, payroll accounting, etc.) and supervision directly required in performing the service. In lieu of determining actual supporting (indirect) costs related to a particular service furnished by another agency, either of the following alternative methods may be used:
(i) Standard indirect rate, equal to 10% of direct labor cost in providing the service, or
(ii) Predetermined fixed rate, for indirect cost of the agency providing the service.
(d) Allowable Costs. The following are allowable type costs, and apply irrespective of whether a particular item is treated as a direct or indirect cost. Allowable costs include, but are not limited to:
The cost of such compensation is allowable to the extent it is
Vacations and leave should not be taken or charged in excess of the amount earned while working on RCDAF assisted projects.
No consultant fee may be paid to any Federal, State or project sponsor's employee unless such a payment is specifically agreed to by the DCNR.
(i) Equipment Used in the Conduct of a Project. Costs of purchasing, leasing, or renting equipment utilized in the execution of a project are generally eligible for RCDAF assistance.
(I) The purchase price of individual items of equipment costing less than $1,000 is eligible, and the specific items need not be listed nor justified in the proposal.
Items costing $1,000 or more may be eligible provided the sponsor clearly shows that it is more economical to purchase the item than to lease or rent it. They must be listed, with estimated costs, on the proposal. At project completion, any residual value of purchased items of equipment must be credited to the project.
(II) Reimbursement for use of equipment owned by State and local sponsors on RCDAF projects will be based upon rates developed by DCNR.
(III) Lease or rental charges on equipment are allowable when it is determined that such an arrangement is most efficient and economical. Equipment that is rented to the sponsor by other State or local agencies or by private contractors may be charged to the RCDAF program on a cost basis--provided, however, that these rates are equal to those charged to any other users. Adequate cost records must be maintained to support these billings.
(ii) Purchase Price of Equipment Required to Make A Facility Initially Operational. Such equipment includes pumps, sprinkling systems, or tows, standby power plants, etc., necessary to provide for the recreation uses for which the proposal is approved. As a general rule equipment to be used for maintenance is not eligible for assistance. However, certain smaller items of equipment (but not operational and maintenance supplies, i.e., cleaning compounds, chlorine, paper supplies, brooms) sometimes of an expendable nature, which may be required to make a facility initially operational may be allowable as part of the project cost. Generally, this will be confined to those equipment items specifically required under State Health Department regulations. For such items the Administrator will make a judgment as to allowability. It would be impossible for the DCNR to establish a complete list of every conceivable item that might be required to make a facility operational initially, and a ruling will be made on a case-by-case basis.
Supplies and Material. Supplies and materials may be purchased for a specific project or may be drawn from a central stock. The former should be charged to a project at their actual price, less discounts, rebates, etc., and the latter should be charged at cost under any recognized method of pricing consistently applied. Incoming transportation charges are a proper part of material cost.
Travel. The cost of transportation, lodging, subsistence, and related items is allowable when incurred by employees who are in travel status on official business incident to a project. Such costs may be on an actual basis, or a per diem or mileage basis, or a combination of the two (provided the method used is applied to an entire trip, and results in charges consistent with those normally allowed in like circumstances in non-state sponsored activities).
Information and Interpretation Costs. RCDAF assistance may share the cost of information related to a project, as distinguished from publicity. These may include information and direction signs at the entrances of recreation areas and other necessary places throughout the area, display boards, dioramas, or other interpretive facilities for the explanation of items of interest and other facilities required to explain the area and bring it to public attention.
Construction. Allowable construction costs include all necessary construction activities from site preparation (including demolition, excavation, grading, etc.) to the completion of a structure. Construction may be carried out through a contract with a private firm, or by use of the project sponsor's own personnel and facilities (force account).
Administrative and Supporting Expenses. RCDAF assistance will be available for a wide range of administrative and supporting expenses incurred directly or indirectly on behalf of a project. Where cost items benefit the RCDAF assisted project in addition to other non-Fund assisted activities, the cost will be allowable to the extent they are allocable to the project. Allowable items include, but are not limited to:
(1) Accounting
(2) Auditing
(3) Bonding
(4) Budgeting
(5) Central stores
(6) Communication expenses
(7) Disbursing services
(8) Motor pools
(9) Payroll preparation
(10) Personnel administration
(11) Procurement services
(12) Taxes
Although a project sponsor may pay a greater amount, RCDAF assistance will generally be computed on the fair market value as determined by an acceptable appraisal. However, when a Sponsor feels that the amount paid in excess of the fair market value is justifiable, it should prepare, and submit to the DCNR, a detailed and well documented statement, including comparable sales and other market data as necessary justifying the difference. If found adequate, RCDAF assistance may be computed on the full purchase price.
Where court award in condemnation cases exceeds the support ceiling approved by the DCNR, the DCNR will not be obligated to pay on the higher amount. The Sponsor may, however, submit an amendment for DCNR consideration to increase the support ceiling to the amount of the court award.
Capital expenditures for acquisition of leases, easements, and other rights and interests in real property are eligible for RCDAF assistance.
(i) The land was not originally acquired by the other agency for recreation.
(ii) The land has not been managed for recreational purposes while in public ownership.
(iii) No State or Federal assistance was provided in the original acquisition by the other agency to facilitate the basic project being funded by RCDAF assistance.
(iv) The selling agency is required by law to receive payment for land transferred to another public agency. RCDAF assistance will be limited to the minimum amount for which the property could be transferred legally and only in those instances for which there is an attorney general's opinion or established case law.
(v) The requirement of appraisal, history of conveyances, and evidence of title are the same as normal purchases.
Example: The project sponsor exchanges a property appraised at $10,000 for a privately owned property appraised at $12,000, and pays the difference of $2,000 cash. The amount to be reimbursed is 50% of $2,000.
Real Property Acquired by Donation. The value of real property donated to the project sponsor by private organizations or individuals will be eligible for matching as determined by an appraisal. Donations required by law or regulation are ineligible as the project sponsor's matching share. The land acquired cannot be subject to any restrictions that might limit its intended public recreation use.
Master Planning. Master planning of a recreation area in whole or in part will be matchable as part of a development project, provided, however, that it must include actual development of at least equal cost to that of the master plan.
Miscellaneous Allowable Costs.
(i) Payment of premiums on hazard and liability insurance to cover personnel and property directly connected with the project is allowable.
(ii) Costs to the project sponsor for work performed by another public department or agency is allowable. This includes the costs of services provided by central service type agencies to the sponsor's departments and need not be supported by a transfer of funds between the departments involved.
(iii) Costs of printing and distributing the Statewide Comprehensive Outdoor Recreation Plan, including a popular summary version and other project related printing or reproduction costs are allowable.
(e) Non-Allowable Expenditures. These expenditures shall not be included in the base for determining financial assistance:
Bonus payments of any kind.
Charges for contingency reserves or other similar reserves.
Charges in excess of the lowest responsible bid, when competitive bidding is required by the State or the sponsor, unless the DCNR agrees in advance to the higher cost.
Charges for deficits or overdrafts.
Taxes for which the organization involved would not have been liable to pay.
Interest expenses, except those awarded by the court as part of just compensation for acquisition in eminent domain situations.
Charges incurred contrary to the policies and practices of the organization involved.
Consequential damage judgments arising out of acquisition, construction, or equipping of a facility, whether determined by judicial decision, arbitration, or otherwise. Consequential damages are damages, to adjoining property owned by other persons, which are caused by noise, lights, vibration etc.
Incidental costs relating to acquisition of real property and of interests in real property.
Operation and maintenance costs of outdoor recreation areas and facilities.
The value of, or expenditures for, lands acquired from the United States at less than fair market value.
Cost of discounts not taken.
Equipment to be used for the maintenance of outdoor recreation areas and facilities, including, but not limited to, automotive equipment, tractors, mowers, other machinery, and tools.
Employee facilities, including residences, appliances, office equipment, furniture, and utensils.
Donations or contributions made by the sponsor, such as to a charitable organization.
Salaries and expenses of the Office of the Governor, or of the chief executive of a political subdivision, or of the State legislature, or of other similar local governmental bodies.
Fines and penalties.
Any excess of cost over the State contribution under one grant agreement is unallowable under other grant agreements.
Any losses arising from uncollectable accounts and other claims, and related costs.
Legal and professional fees paid in connection with raising funds.
(8) Planning and Administrative Expenses.
(a) In accordance with Section 9-7A-16, Code of Ala. 1975, the Commissioner hereby designates that no less than ten (10) percent of all monies appropriated to the Fund shall be available to the State Parks Division for grants to said Division for the purposes specified in Section 9-7A-13, Code of Ala. 1975.
(b) In addition, the Commissioner hereby designates that five (5) percent of all monies appropriated to the fund shall be allocated to the State Parks Division for RCDAF program administration and planning. Project sponsors shall, in addition, owe to the State Parks Division five (5) percent of their total project cost as their pro rata share of the costs associated with the preparation and maintenance of the State Comprehensive Outdoor Recreation Planning Program, half of which may be matched with RCDAF assistance. This amount shall be deducted from each approved project reimbursement.
History
Author:
History
It shall be unlawful to possess or consume any alcoholic beverage at the following State Park areas, except as permitted in writing by the Commissioner of Conservation and Natural Resources or his designee:
(1) The beach area and adjacent parking areas at Lake Lurleen State Park;
(2) The beach area, adjacent parking lot, and north and south picnic areas, at Wind Creek State Park; and
(3) The beach area, adjacent parking lot, and adjacent picnic areas, at Oak Mountain State Park; and
(4) The following areas at Gulf State Park: All beach areas, including, but not limited to, the public beach areas at Alabama Point, Romar Beach, and Cotton Bayou; and adjacent parking areas at all beach areas; and also including the beach pavilion, the state saltwater pier, all picnic areas, and the camp pavilion.
(5) The beach area, upper and lower picnic areas and all other day use only areas of Chewacla State Park.
(6) The beach area, picnic area, and all other day use only areas of Frank Jackson State Park.
(7) The spring, pool, picnic areas and all other day use only areas of Blue Springs State Park.
(8) The picnic, beach, boat launch areas and all other day use only areas of Paul M. Grist State Park.
(9) The picnic area, beach area and all other day use only areas of Cheaha State Park.
(10) The off-road vehicles (ORV) trail at Buck's Pocket State Park.
(11) The off-road vehicles (ORV) course and the motorized nature trail at Lakepoint State Park.
(12) Any other portion of any State Park to the extent that such consumption or possession of alcoholic beverages is prohibited by state law.
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It shall be unlawful to operate any personal watercraft on any fresh water lake within Gulf State Park.
Author: James D. Martin
History
It shall be unlawful to operate any aircraft or seaplane of any type on any Lake within Gulf State Park, including, but not limited to, lake Shelby, Middle Lake, and Little Lake, provided, however, that this prohibition shall not apply to official emergency, governmental, or military aircraft conducting official operations.
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(1) Every vessel identification number issued by the State of Alabama shall be divided into three parts.
(a) The first part shall consist of the capital letters "AL". The second part shall consist of not more than four arabic numerals. The third part shall consist of not more than two capital letters. Each part shall be separated from the other by a hyphen or equivalent space. For example: AL-1234-AA.
(b) The identification numbers issued shall read from left to right and shall be in block characters of good proportion not less than 76 milliliters (three inches) in height and shall be of a color which will contrast with the color of the background, (i.e. dark numbers on light background or light numbers on dark background).
(2) Rule 220-6-.01, as previously promulgated, is hereby expressly repealed in its entirety.
Author: James D. Martin
History
(1) All applications for vessel identification numbers issued under the State of Alabama's system shall include the following information and shall be submitted on forms furnished by the Department of Conservation and Natural Resources, Marine Police Division:
Name of the owner.
Address of the owner, including zip code.
Date of birth of the owner.
State in which vessel is or will be principally used. The number previously issued by an issuing authority for the vessel, if any.
Whether the application is for a new number, renewal of a number, or transfer of ownership. Whether the vessel is used for pleasure, rent or lease, or dealer or manufacturer demonstration commercial passenger carrying commercial fishing, or other commercial use.
Make of vessel.*
Year vessel was manufactured or model year.*
Manufacturer's hull identification number, if manufactured after August 1, 1972.*
Overall length of vessel.*
Type of vessel (open, cabin, house, or other).*
Whether the hull is wood, steel, aluminum, fiberglass, plastic or other.*
Whether the propulsion is inboard, outboard, inboard outdrive, auxiliary sail, or sail, and name of engine manufacturer, if available.*#
Whether the fuel is gasoline, diesel, or other.*#
The signature of the owner.
Items marked with * may be omitted on applications submitted by a manufacturer or dealer for a number that is to be temporarily affixed to a vessel for demonstration or test purposes. Items marked with # may be omitted on applications submitted by a person who intends to lease or rent a vessel without propulsion machinery.
(a) All requirements governing the application for number and certificate of number shall apply to rental boats, except that the description of the motor, if any, and type of fuel will be omitted from the application for number and the certificate of number in every case where the motor is not rented as part of the boat. All applications for rental boats operation will be submitted to the Alabama Marine Police Division. The certificate of number on rental boats shall be plainly marked "Rental Boat."
(b) Any vessel that is rented or leased, must have on board a copy of the lease or rental agreement, signed by the owner or his agent and by the person leasing or renting the vessel, that contains the following:
The vessel number that appears on certificate of number.
The period of time for which the vessel is leased or rented.
Number of persons on board at time of departure from place of rental.
It shall be unlawful to rent or to offer to rend any vessel that is not registered with the Alabama Marine Police Division as a rental vessel.
The certificate of number for vessels less than 8 meters (26 feet) in length and leased or rented to another for the latter's noncommercial use of less than 24 hours may be retained on shore by the vessel's owner or his representative at the place from which the vessel departs or returns to the possession of the owner or his representative.
(c) Bona fide boat dealers or boat manufacturers may procure a dealer's or manufacturer's certificate of number by submitting an application to the Alabama Marine Police Division. The identification number awarded pursuant to such application shall be used by such dealers or manufacturers by having the same placed upon or attached to a removable board or similar object to be temporarily but firmly mounted upon or attached to the vessel being demonstrated.
(d) Applications for number and certificates by boat dealers or boat manufacturers for a dealer's tag shall not require a description of the boat, since the numbers and certificates of number awarded may be transferred from one boat to another. In lieu of the description the word "manufacturer" or "dealer" as appropriate will be plainly marked on each certificate.
(e) Each certificate of number must contain the following information:
Number issued to the vessel.
Expiration date of the certificate.
State of principal use.
Name of the owner.
Address of owner, including zip code.
Whether the vessel is used for pleasure, rent or lease, dealer or manufacturer demonstration, commercial passenger carrying, commercial fishing or other commercial use.
Manufacturer's hull identification number, if manufactured after August 1, 1972.
Make of vessel.
Year vessel was manufactured.
Overall length of vessel.
Whether the vessel is an open boat, cabin cruiser house boat, or other type.
Hull material.
Whether the propulsion is inboard, outboard, inboard outdrive, or sail.
Whether the fuel is gasoline, diesel or other.
(f) Each person using a vessel to which this regulation applies shall present the certificate or lease or rental agreement required by (b), (c) and (e) to any federal, state, or local law enforcement officer for inspection at his request.
(2) Rule 220-6-.02, as previously promulgated, is hereby expressly repealed in its entirety.
Author: James M. Martin
History
(1) Each person purchasing a vessel identification number shall place said number on each side of the bow of the vessel for which it was purchased in such position as will make it clearly visible at all times.
(a) Such number may be placed on each side of the bow of the vessel by decals or paint. Such number shall be of block characters of good proportion and in no event less than 76 millimeters [(3) inches] in height and properly spaced so as to be easily readable and such paint or decals shall contrast with the color of the background upon which they are placed. Such numbers must at all times be maintained in a legible condition. Marine Police Officers may require the owner of any vessel to repaint or reaffix such numbers when same are, in his judgment, not legible, or are improperly spaced.
(b) Operators of vessels used exclusively for racing are not required to paint or attach the vessels' license number to the bow; provided, however, the number shall be affixed or painted at some other conspicuous position in or on said vessel.
(c) In addition to the number herein required to be placed on each side of the bow of every licensed vessel, the owner shall also be required to place a current-year decal within 151 millimeters (six inches) of the registration number on each side of the vessel at either the beginning or the end of his registration number. Such decals shall be given to the registration purchaser at the time he purchases his annual registration certificate.
(d) It shall be a violation of this regulation to operate or permit a vessel to be operated unless said vessel has attached to each side of the bow said registration number, together with the current-year decals. Only the current-year decal shall be displayed on vessel.
(e) A valid registration number issued to a vessel shall remain with that vessel until the vessel is destroyed, abandoned, or vessel is no longer principally used in the state where the certificate was issued.
(f) The person whose name appears on the certificate of number as the owner of the vessel shall remove the number and validation decal from the vessel when:
The vessel is commercially documented by the USCG.
The certificate of number becomes invalid for reasons other than annual expiration.
The vessel is no longer principally used in the state where the certificate was issued.
(2) U.S. Coast Guard documented vessels required to be registered under Alabama law shall not be required to display their Alabama registration numbers but shall be required to place their current year decal in a prominent place on the forward half of the vessel on the port and starboard sides.
(3) Rule 220-6-.03, as previously promulgated, is hereby expressly repealed in its entirety.
History
(Repealed 8/2/95)
Author: James D. Martin
History
(1) The probate judges and license commissioners of the various counties of this state may issue boat transfer certificates, transferring the ownership of a registered boat on forms furnished by the Marine Police Division, Department of Conservation and Natural Resources, providing the boat's last registration record is with the county where application is being made or the applicant presents the registration certificate of the immediate former owner. The probate judges and license commissioners of the various counties of this state may issue replacement certificates to applicants for those lost or destroyed, providing the boat's last registration record is with the county where application is being made and subject boat is currently registered.
(a) The fee for transferring the original registration number to the new owner by issuance of a transfer certificate is $3.00. The fee for issuing replacement certificates for those lost or destroyed is $3.00. The probate judges and license commissioners are entitled to levy an issuing fee of $2.00.
(b) The probate judges and license commissioners will remit to the Department of Conservation and Natural Resources all monies collected (except their levied issuing fee) on the same forms and at the same time as they presently remit collections for the sale of boat registration certificates.
(2) Rule 220-6-.05, as previously promulgated, is hereby expressly repealed in its entirety.
History
(1) Whenever a boating accident results in the (1) loss of life or the disappearance of any person; (2) injury causing any person to remain incapacitated for a period in excess of a seventy-two (72) hours; (3) actual damage to any vessel, or to any other property in excess of two thousand dollars ($2,000); the operator of said boat shall submit, within ten (10) days from the date of the accident, to the Department of Conservation and Natural Resources, Marine Police Division, a written report of the said accident on forms furnished by the Department of Conservation and Natural Resources, which report must contain the following:
The numbers and names of each vessel involved.
The name and address of each owner of each vessel involved.
The name of the nearest city or town, the county, the state, and the body of water.
The time and date the casualty or accident occurred.
The location on the water.
The visibility, weather, and water conditions.
The estimated air and water temperatures.
The name, address, age or date of birth, telephone number, vessel operating experience and boating safety training of the operator making the report.
The name and address of each operator of each vessel involved.
The number of persons on board or towed on skis by each vessel.
The name, address, and date of birth of each person injured or killed.
The cause of each death.
Weather forecasts available to, and weather reports used by, the operator before and during the use of the vessel.
The name and address of each owner of property involved.
The availability and use of personal flotation devices.
The type and amount of each fire extinguisher used.
The nature and extent of each injury.
A description of all property damage and vessel damage with an estimate of the cost of all repairs.
A description of each equipment failure that caused or contributed to the cause of the casualty.
A description of the vessel casualty or accident.
The type of vessel operation (cruising, drifting, fishing, hunting, skiing, racing, or other), and the type of accident (capsizing, sinking, fire, or explosion or other).
The opinion of the person making the report as to the cause of the casualty.
The make, model, type (open, cabin, house, or other), beam width at widest point, length, depth from transom to keel, horsepower, propulsion (outboard, inboard, inboard outdrive, sail, or other), fuel (gas, diesel or other), construction (wood, steel, aluminum, plastic, fiberglass, or other), and year built (model year), of the reporting operator's vessel.
The name, address, and telephone number of each witness.
The manufacturer's hull identification number (HIN), or serial number if no HIN is affixed, of the reporting operator's vessel.
The name, address, and telephone number of the person submitting the report.
(a) For the purpose of this regulation a "boat accident" means a collision, accident, or other casualty which occurs to, or is caused by, or in any other way, involves a vessel while being operated on the waters of this state.
(b) A vessel shall be considered to be involved in a "boat accident" whenever the occurrence results in damage by or to the vessel or its equipment; any injury or loss of life to any person or in the disappearance of any person resulting from the accident under circumstances which indicate the possibility of death or injury.
(2) This regulation shall be applicable to all vessels, except commercially documented vessels, which are within the jurisdiction of this state at the time of the accident, and to all vessels carrying Alabama registration numbers, regardless of where the accident occurs.
(3) Nothing in this regulation should be so construed as to show intent to excuse any vessel licensed by the State of Alabama which is involved in a boating accident in another state from complying with any laws or regulations of such other state regarding reports of boating accidents within the state. The necessity of reporting the accident to the officials of another state shall not exonerate or excuse any failure to file a report in the State of Alabama as herein required.
(4) The provisions of this regulation shall apply to all vessels operated on the waters of this state, except vessels commercially documented by the federal government, and regardless of whether or not the vessel involved in an accident is registered or required to be registered under Alabama law.
(5) Rule 220-6-.06, as previously promulgated, is hereby expressly repealed in its entirety.
History
(1) The water traffic "Rules of the Road" in the State of Alabama shall be as follows:
(a) Vessels passing head-on shall keep to the right.
(b) Vessels overtaking another vessel may do so on either side, but must grant the right-of-way to the vessel being overtaken.
(c) When vessels are passing at right angles, the vessel on the left will yield right-of-way to vessel on the right.
(d) Motor boats shall yield right-of-way to non-motor powered boats except as follows:
When being overtaken by non-powered vessels.
For deep draft vessels that have to remain in narrow channels.
When vessel is towing another vessel.
(e) Motor boats must maintain a direct course when passing sail boats.
(f) Any vessel approaching a landing dock or pier shall yield the right-of-way to any departing vessel.
(g) Any vessel departing shoreline or tributary shall yield right-of-way to through traffic and vessels approaching shoreline or tributary.
(h) Vessels will not abruptly change course without first determining that it can be safely done without risk of collision with another vessel.
(i) If an operator fails to fully understand course of an approaching vessel he must slow down immediately to a speed barely sufficient for steerageway until the other vessel has passed.
(j) Vessels yielding right-of-way shall reduce speed, stop, reverse, or alter course to avoid collision. Vessel with right-of-way shall hold course and speed. If there is danger of collision, all vessels will slow down, stop, or reverse until danger is averted.
(k) Vessels will issue warning signals in fog or inclement weather.
(l) No mechanically propelled vessel shall be operated in a circular course around any other vessel or any person swimming.
(m) In narrow channel, vessels will keep to the right of mid-channel.
(n) Vessels approaching or passing another vessel shall be operated in such manner and at such rate of speed as will not create a hazardous wash or wake.
(o) No vessel shall obstruct or interfere with take-off, landing, or taxiing of aircraft.
(p) All vessels shall be operated at reasonable speeds for given situations and must be under the complete control of the operator at all times.
(q) No vessel or person shall obstruct or block navigation channel, entrance to channel, mooring slip, landing dock, launching ramp, pier or tributary.
(r) Vessels shall keep at least 30.5 meters (100 feet) clearance of displayed diver's flag.
(s) Operator must maintain a proper lookout.
(2) Rule 220-6-.07, as previously promulgated, is hereby expressly repealed in its entirety.
Author: James D. Martin
History
(1) All vessels as hereinafter designated shall be equipped with signal devices for use during night-time operation (sunset to sunrise) and during inclement weather where visibility is greatly reduced.
(a) All vessels 4.9 meters [(16) feet] in length but less than 8 meters [(26) feet] are required to be equipped with an efficient whistle or other sound-producing mechanical device, whether operated by hand or power, capable of producing a blast of two seconds or more duration and audible for at least .8 kilometers (one-half mile).
(b) All vessels 8 meters [(26) feet] in length but not exceeding 12.2 meters [(40) feet] are required to be equipped with an efficient whistle or other sound-producing mechanical device, hand or power operated, capable of producing a blast of two seconds or more duration and audible for a distance of at least 1.6 kilometers (one mile).
(c) All vessels exceeding 12.2 meters [(40) feet] in length shall be equipped with an efficient whistle or similar device, power operated, capable of producing a blast of two seconds or more duration and audible for a distance of at least 1.6 kilometers (one mile).
(d) Nothing in this regulation shall be so construed as exempting a vessel from any further sound signal devices which may be required by the United States Coast Guard or other governmental agency when operating on the navigable waters of this state.
(2) Rule 220-6-.08, as previously promulgated, is hereby expressly repealed in its entirety
Author: James D. Martin
History
(1) The following designated vessels shall be required to display, when under way between sunset and sunrise, and also between sunrise and sunset in restricted disability the following specific lights:
(a) Manually propelled vessels less than 7 meters [(23) feet] in length shall have readily at hand a lantern or flashlight showing a white light which shall be temporarily exhibited by the operator in sufficient time to prevent collision.
(b) All mechanically propelled vessels, and combination sail and power vessels when under power, less than 12 meters (39.4 feet) in length shall have one combination light in the fore part of vessel showing red to port and green to starboard from dead ahead to 112.5 degrees on each side (225 degrees combination), visible at least 1.6 kilometers (one mile), along with either one bright, white light at the stern showing all around the horizon (360 degrees), or a masthead light placed as nearly as practicable to the fore and aft centerline of the vessel showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from dead ahead to 112.5 degrees on both sides of the vessel in addition to a stern light placed as nearly as practicable at the stern showing an unbroken white light over an arc of the horizon of 135 degrees and so fixed as to show the light 67.5 degrees on each side of the vessel, visible at least 3.2 kilometers (two miles). All around white lights and masthead lights stipulated in this paragraph (b) shall be carried at least one (1) meter (3.28 feet) higher than sidelights or red and green combination lights.
(c) Mechanically propelled vessels, and combination sail and power vessels when under power, that are 12 meters (39.4 feet) in length but less than 20 meters (65.6 feet) in length shall have on the port side, properly screened, a red light which shall show from dead ahead to 112.5 degrees on that side, visible at least 3.2 kilometers (two miles); and on the starboard side, properly screened, a green light which shall show from dead ahead to 112.5 degrees on that side, visible at least 3.2 kilometers (two miles); or one combination light in the fore port of the vessel showing red to port and green to starboard from dead ahead to 112.5 degrees on each side (225 degrees combination), visible at least 3.2 kilometers (two miles); one white masthead light placed over the fore and aft centerline of the vessel showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from dead ahead to 112.5 degrees on both sides of the vessel, visible at east 4.8 kilometers (three miles) along with a stern light placed as nearly as practicable at the stern showing an unbroken white light over an arc of the horizon of 135 degrees and so fixed as to show the light 67.5 degrees on each side of the vessel visible at least 3.2 kilometers (two miles).
(d) Sail vessels under sail only, less than 20 meters (65.6 feet) in length shall have one of the following light configurations:
(1) One combination light forward showing red and green lights over 225 degrees with red to port and green to starboard, together with a 135 degree white light at the stern all of which will be visible at least 3.2 kilometers (two miles).
(2) One properly screened red light on the port side showing from dead ahead to 112.5 degrees on that side, visible at least 3.2 kilometers (two miles), and one properly screened green light on the starboard side showing from dead ahead to 112.5 degrees on that side, visible at least 3.2 kilometers (two miles) and on the stern a 135 degree white light visible astern for at least 3.2 kilometers (two miles).
(3) One combination lantern with red to port, green to starboard and white to the stern carried at or near the top of the mast where it can best be seen, visible at least 3.2 kilometers (two miles).
(e) All vessels of whatever description or size when anchored on the waters of this state shall carry and display a steady white light showing all around the horizon (360 degrees), visible at least 3.2 kilometers (two miles), as a warning signal to avert collisions.
(2) The lights required above may also be displayed in any other circumstances when it is deemed necessary by the operator.
(3) Rule 220-6-.09, as previously promulgated, is hereby expressly repealed in its entirety.
Author: James D. Martin
History
(1) All vessels hereinafter designated shall be equipped with fire extinguisher equipment which shall be kept in such a workable condition and location as to make it available for immediate and effective use when the vessel is occupied.
(a) All inboard and inboard/outboard motor vessels, regardless of size, shall have a hand portable fire extinguisher or semi-portable fire extinguisher using carbon dioxide (CO2), foam, halon or other chemical ingredient such as is commonly used for extinguishing gasoline fires or petroleum product fires. Such fire extinguisher shall be approved by the U. S. Coast Guard.
(b) All vessels equipped with any butane gas, propane gas, kerosene, gasoline or petroleum product consuming device, except outboard motors, shall have a hand portable fire extinguisher or semi-portable fire extinguisher using carbon dioxide (CO2), foam, halon or other chemical ingredient such as is commonly used for extinguishing a fire produced by the use of such device. Such fire extinguisher shall be approved by the U.S. Coast Guard.
(c) All motor vessels having closed or semi-closed cabins and any vessel with sleeping accommodations shall have a hand portable fire extinguisher or semi-portable fire extinguisher using carbon dioxide (CO2), foam, halon or other chemical ingredient such as is commonly used for extinguishing fires. Such fire extinguisher shall be approved by the U. S. Coast Guard.
(d) All motor vessels having closed compartments wherein portable fuel tanks are stored or having permanently installed fuel tanks shall have a hand portable or semi- portable fire extinguisher approved by the U. S. Coast Guard.
(e) Vessels requiring fire extinguishers shall carry at least the minimum number of hand portable or semi-portable fire extinguishers as follows:
VESSELS WITHOUT FIXED EXT. SYSTEM IN MACHINERY SPACE
See Table at http://www.alabamaadministrativecode.state.al.us/docs/con_/McWord220-6.pdf
(2) Rule 220-6-.10, a previously promulgated, is hereby expressly repealed in its entirety.
Author: James D. Martin
History
(1) Every vessel operated on the waters of this state is required to have on board at least one U. S. Coast Guard approved personal flotation device (PFD) for each occupant aboard the vessel as specified below:
Class I less than 4.9 meters (16 feet): a Type I, II, or III.
Class II 4.9 meters (16 feet) but less than 8 meters (26 feet): a Type I, II, or III.
Class III 8 meters (26 feet) but less than 12.2 meters (40 feet): a Type I, II, or III.
Class IV 12.2 meters (40 feet) and over: a Type I, II, or III.
(a) A type V (hybrid) PFD may be carried in lieu of any PFD required in 220-6-.11, paragraph (1) if that Type V PFD is U.S. Coast Guard approved for the activity in which the recreational boat is being used, and if it is worn while underway in open boats and when not within an enclosed space on larger boats. The Type V (hybrid) PFD must be U.S. Coast Guard approved and labeled for use on recreational boats.
(b) In addition to the above requirements for personal flotation devices, all recreational boats 4.9 meters (16 feet) and over in length operated on the waters of this state shall carry at least one Type IV PFD (cushion or ring buoy) as a throwable device.
(c) All required PFD's must be placed or stored on the vessel in such manner as to be readily available for use in case of emergency.
(d) PFD's that are torn, rotted, or damaged lose their U.S. Coast Guard approval.
(e) All PFD's shall be proper size for occupants on board.
(f) The Department of Conservation and Natural Resources, through its enforcement officers, shall have the right to inspect any required safety equipment aboard any vessel operated on the waters of this state or any safety equipment offered for rent.
(g) Any safety equipment found to be in an unserviceable condition may be stamped or marked as unserviceable equipment and its use prohibited.
(h) Nothing in this regulation shall be interpreted so as to mean that stamping or marking shall be a prerequisite for prosecuting a person who violates any provision of this regulation.
(2) Rule 220-6-.11, as previously promulgated, is hereby expressly repealed in its entirety.
Author: James D. Martin
History
(Repealed 8/2/95)
Author: James D. Martin
History
(1) Every motor boat except those of open construction using as fuel any inflammable or toxic fluid in any enclosure shall be provided with an efficient natural or mechanical ventilation system which is capable of removing inflammable or explosive gases.
(2) Rule 220-6-.13, as previously promulgated, is hereby expressly repealed in its entirety.
Author: James D. Martin
History
(Repealed).
History
(1) No vessel shall be loaded beyond its safe carrying capacity, taking into consideration weather and existing operating conditions.
(2) Rule 220-6-.15, as previously promulgated, is hereby expressly repealed in its entirety.
History
(1) No manufacturer shall offer for sale any vessel without a capacity plate affixed permanently thereto as specified by U. S. Coast Guard standards.
(2) Rule 220-6-.16, as previously promulgated, is hereby expressly repealed in its entirety.
History
(1) No person, organization, or association shall sponsor or hold any marine regatta, race, trial runs, parade, tournament or exhibition that interferes with marine traffic or creates a potential safety hazard until said event has been approved either by the Marine Police Division, Department of Conservation and Natural Resources, or the United States Coast Guard.
(a) Any person, organization or association desiring to hold or sponsor such regatta, race, trial runs, parade, tournament or exhibition on the waters of this state which are navigable waters of the United States and on which the United States Coast Guard maintains aids to navigation and which area is normally used for commercial traffic or navigation shall make application for such event to the Marine Police Division and to the responsible Coast Guard district under such rules as that agency prescribes.
(b) Any person, organization or association desiring to hold or sponsor such regatta, race, trail runs, parade, tournament or exhibition on the waters of this state other than those waters described in subparagraph (1)(a) hereof shall make written application for such event to the Marine Police Division of the Department of Conservation and Natural Resources on forms provided by said division which application must be submitted at least fifteen (15) days before the date of the proposed event. Upon approval by the Marine Police Division of the said marine event application, a written permit shall be issued to the applicant.
(2) Rule 220-6-.17, as previously promulgated, is hereby expressly repealed in its entirety.
History
(1) No person shall operate or give permission to operate any vessel on the waters of this state towing a person or persons on water skis, surfboard, spinners, or other similar devices unless such person or persons being towed are wearing a type I, II, III or V U.S. Coast Guard approved personal flotation device (PFD).
(2) No person shall engage in that certain aquatic sport known as water skiing, including the use of surfboards, discs, spinners, tubes, or other similar devices, without wearing a type I, II, III or V U.S. Coast Guard approved PFD.
(3) Any person being towed on skis, aquaplane, surfboard, spinner, tubes, or other similar devices shall be considered an occupant of the towing vessel.
(4) The provisions of this regulation shall not apply to any person performing in a marine exhibition or tournament officially recognized by the Department of Conservation and Natural Resources or the United States Coast Guard.
(5) Rule 220-6-.18, as previously promulgated, is hereby expressly repealed in its entirety.
Author: James D. Martin
History
(1) Whenever the Director of the Marine Police Division of the Department of Conservation and Natural Resources shall determine that, in the interests of public safety, it is necessary to restrict the speed of boats or boating activities on, or prohibit entrance of boats into, certain areas of the waters of this state, or otherwise regulate or prohibit the use of boats or water skis (including all devices similar to water skis), in such areas, he shall designate such restricted areas by appropriate signs, which signs shall be as follows:
A symbol of a diamond shape with a cross within the diamond, colored international orange on a white background, shall mean "Boats Keep Out."
A symbol of a circle shape, colored international orange on white background, designates a controlled or prohibited boating activity such as, limiting the speed of a vessel, prohibiting fishing or skiing or swimming, etc. In most instances, lettering will be placed in the center of said circle designating the prohibited or controlled boating activity.
Provided that whenever said restriction affects the interests of another division of the Department of Conservation and Natural Resources, the director of the division affected shall be consulted by the Director of the Marine Police Division and an agreement reached before the restriction becomes effective. If no agreement on the restriction is reached, the Commissioner of Conservation and Natural Resources shall resolve the difference.
(2) It shall be unlawful for any person, firm or corporation to place or maintain any regulatory markers (signs or buoys) on the public waters of this state without first having received permission for the erection of such regulatory markers from the Marine Police Division of the Department of Conservation and Natural Resources. When permission for the erection of such markers is given, same may only be of a standard type and with standard lettering and colors which shall be specified and designated by the Marine Police Division of the Department of Conservation and Natural Resources. Any person, firm or corporation desiring to place or erect regulatory markers on the public waters of this state must first make application to the Marine Police Division for permission. Upon receipt of such application, the Marine Police Division shall notify such applicant or applicants of the necessary specifications for regulatory markers of the type desired and if permission for the erection and placing of markers is granted to the applicant, same must comply with the specifications as provided by the Marine Police Division.
(3) The diver's flag shall not be less than 300 milliliters (12 inches) square, colored red with a white two-inch strip running diagonally from the top staff corner to the bottom fly corner and shall be prominently displayed and visible from all directions and kept within a 15.2 meters (50 foot) radius of divers when said divers are in the water.
(4) It shall be unlawful to fail to comply with any restrictive sign, buoy, or marker as approved by the Director of the Alabama Marine Police Division.
(5) In addition to the restrictions provided for in Section 33-5-74, Code of Ala. 1975, it shall be unlawful for any person to attach to any authorized navigational buoy or sign/sign piling, a line of any other type than is provided for in Section 33-5-74, to include but not be limited to: trot lines, nets, fishing line, or any signs.
(6) Nothing in this regulation shall be interpreted so as to mean that signs or markers shall be a prerequisite for prosecuting a person who violates any other provisions of law or any other rule or regulation.
(7) Rule 220-6-.19, as previously promulgated, is hereby expressly repealed in its entirety.
Author: James D. Martin
History
(1) It shall be unlawful for any person to operate any vessel on the waters of this state within 244 meters (800 feet) below a hydroelectric dam and/or navigation lock and dam unless each person aboard, including the operator, is wearing a U. S. Coast Guard approved personal flotation device Type I, Type II, Type III, or Type V.
(a) Such personal flotation device will be worn and securely fastened in accordance with manufacturers instructions and recommendations for such personal flotation device.
(b) This regulation is not intended to affect regulations promulgated by other governmental agencies, federal or state, related to activities that may or may not be conducted within 244 meters (800 feet) of such dams.
(2) Rule 220-6-.20, is previously promulgated, as hereby expressly repealed in its entirety.
Author: James D. Martin
History
(1) No person owning or having control of a mechanically propelled vessel shall permit any person under the age of twelve (12) years to operate said vessel on the waters of this state.
(a) The provisions of this regulation shall not apply to any person operating a vessel under the age of twelve (12) years in a Department of Conservation and Natural Resources or United States Coast Guard officially recognized marine event, provided a written permit has been issued by the Commissioner.
Author: James D. Martin
History
(1) Every motor boat using gasoline as fuel except outboard motors shall have the carburetor or carburetors of every engine therein equipped with a United States Coast Guard approved flame arrestor or backfire trap.
(2) Rule 220-6-.22, as previously promulgated, is hereby expressly repealed in its entirety.
Author: James D. Martin
History
(1) It shall be unlawful for any person to operate or give permission to operate any vessel powered by an engine or outboard motor on the waters of this state in such a manner as to exceed a noise level of 86 decibels as measured by the Society of Automotive Engineers (SAE) Stationary Sound Level Measurement Procedure SAE-J-2005 or as measured by the Society of Automotive Engineer (SAE) Shoreline Sound Level Measurement Procedure SAE J-1970.
(a) It shall be a violation of this regulation for any person reasonably suspected by a Marine Policeman or other authorized law enforcement officer to be operating a vessel that exceeds the noise limitation prescribed herein to refuse to submit his vessel for a noise emission test.
(b) The provisions of this regulation shall not apply to vessels competing in a regatta, boat race or speed trial run provided that such regatta, race or speed trial has been officially approved by the Marine Police Division or United States Coast Guard and is being conducted during the time and in the designated area authorized by the permit.
(2) Rule 220-6-.23, as previously promulgated, is hereby expressly repealed in its entirety.
Author: James D. Martin
History
(1) For the purposes of this regulation, the Municipal Swimming Area of the City of Gulf Shores is defined as that portion of the Gulf of Mexico bounded on the north by the main public beach area of the City of Gulf Shores at the intersection of State Highway 59 and State Highway 182 and bounded on the south by a line running parallel to the mean high tide line along said beach area at a distance of 122 meters (400 feet) from the mean high tide or at such lesser distance from the mean high tide line as the City of Gulf Shores may designate from day-to-day by means of buoys or other markers.
(2) Except as provided in paragraph (3) below, during the period from March 1 through October 31 of each year, no person shall operate a vessel, sailboard, surfboard, windsurfer, water skis, aquaplane, paddleboat or other watercraft in the Municipal Swimming Area of the City of Gulf Shores at any time during the hours from sunrise to one hour after sunset.
(3) This regulation shall not apply to officers and agents of the United States, the State of Alabama, Baldwin County, or the City of Gulf Shores when acting in the line and scope of their duty in the implementation or enforcement of federal, state, or local laws and regulations.
(4) Rule 220-6-.24, as previously promulgated, is hereby expressly repealed in its entirety.
Author: James D. Martin
History
(Repealed 8/2/95)
Author: James D. Martin
History
(a) The specifications for rearview mirrors on personal watercraft used for towing any person shall be as follows: Each mirror shall contain a minimum viewing area size of 65 square centimeters [ten (10) square inches], a minimum viewing area height of 64 millimeters [2.5 inches], and a minimum viewing area width of 100 millimeters [4.0 inches]. Said mirrors shall be mounted or attached on both the right and left sides of the personal watercraft so as to provide the maximum reward observation by the operator. Mirrors shall not be mounted or attached to the steering mechanism of the personal watercraft. The minimum combined viewing area of both mirrors shall be 130 square centimeters [twenty (20) square inches].
(b) It shall be a violation of §4(g) of Act No. 94-652 Regular Session, 1994) and Section 33-5-62, Code of Ala. 1975, to tow any person by personal watercraft unless said watercraft meets all of these specifications.
Author:
History
(1) Any driver of a vessel who willfully fails or refuses to bring his vessel to a stop, or who otherwise flees or attempts to elude a pursuing marine police officer, when given a visual or audible signal to bring the vessel to a stop, shall be in violation of this regulation. The signal given by the Marine Police officer may be by hand, voice, emergency light or siren.
(2) The penalty for the violation of this regulation shall be as provided in §15 of Act No. 94-652 (Regular Session, 1994) and § 33-5-62, Code of Ala. 1975. In addition, any person convicted of violating this regulation shall be subject to the suspension provisions of §29 of Act No. 94-652 (Regular Session, 1994) and § 33-5-75, Code of Ala. 1975.
Author: James D. Martin
History
(1) Any person who willfully or knowingly alters or defaces a boater certification (license) shall be in violation of this regulation.
(2) The penalty for the violation of this regulation shall be as provided in §15 of Act No. 94-652 (Regular Session, 1994) and § 33-5-62, Code of Ala. 1975.
Author: James D. Martin
History
(a) The following point system is hereby established for various violations of the Alabama boating safety laws and regulations; points shall be assessed for various violations as follows:
(1) Any conviction which resulted from a charge that involved the drinking of alcoholic beverages and the operation of a vessel but does not require mandatory suspension or revocation of the boater safety certification..................... 6 points
(2) Reckless operation (§24 of Act No. 94-652, § 33-5-70)...............................................6 points
(3) Careless operation (§24 of Act No. 94-652, § 33-5-70)...............................................5 points
[Note: §29(j)(7) of Act NO. 94-652 [§ 33-5-75] provides that convictions within a twelve (12) month period of time upon 3 charges of either (2) or (3) above shall result in the mandatory revocation of the boater safety certification or vessel operating privilege. In addition §29(k)(5) of Act No. 94-652 [§ 33-5-75] provides that habitual violations of either (2) of (3) above may result in the suspension of the boater safety certification or vessel operating privilege.]
(4) Failure to comply with waterway rules of the road (Rule 220-6-.07)......................................4 points
(5) Restricted view of operator (§25 of Act No. 94-652, § 33-5-71)....................................4 points
(6) Non-compliance with waterway traffic control devices (buoys/signs)...................................3 points
(7) Failure to submit accident report as required in § 33-5-25, Code of Ala. 1975...........................3 points
(8) All safety equipment violations..........2 points
(b) The following schedule is used to determine the length of a suspension period:
12-14 Points in a 2-year period...........60 days
15-17 Points in a 2-year period...........90 days
18-20 Points in a 2-year period..........120 days
21-23 Points in a 2-year period..........180 days
24 and above points in a 2-year period....365 days
(c) Any person who is assessed points as provided for above shall be subject to the suspension of their boater safety certification for such period of time as provided for above.
(d) After a conviction is 2 years old, it loses it point count for suspension purposes but remains on the operator's record.
(e) Action taken by the Department of Conservation and Natural Resources pursuant to the point system provided for herein shall be in accordance with the procedural requirements of §29 of Act No. 94-652 and § 33-5-75, Code of Ala. 1975.
Author: James D. Martin
History
(1) The examination or test to be given applicants for boat operator's certification shall be of similar length and content as the motor vehicle driver license examination. The method and manner of giving the test and of ascertaining and reporting the results shall also be similar to the procedure followed for the motor vehicle driver license examination. Reports of all examinations shall be on forms provided by the Director of Public Safety and shall show whether or not the applicant passed the examination.
(2) The written examination used for testing applicants shall contain approximately 25 multiple choice questions. The examination shall be in at least four (4) different forms, which shall be utilized on a rotating basis. The general subject areas covered on the examination shall consist of the following areas:
(a) Knowledge of equipment requirements, such as PFDs, fire extinguishers, emergency cut-off switch, navigation lights, flame arrestors, Alabama regulations, sound devices, diver's flags, ventilation, mufflers, and other equipment;
(b) Knowledge of safe operation and waterway rules of the road, including such matters as operator awareness, overloading and overpowering, speed regulations, motorboat operator's age, reckless and careless operation, personal watercraft, DUI, operator's restricted vision, rules of the road, interference with navigation, rearview mirrors for personal watercraft, vehicular homicide, water skiing, and other related matters;
(c) Aids to navigation, including such matters as uniform state waterway marking system, federal waterway marking system, and other related matters; and
(d) Boating accidents, including such matters as requirements for submitting accident reports, and other related matters.
Author: James D. Martin
History
(1) Under Section 33-5-75, Code of Ala. 1975, paragraph (k), the Commissioner of Conservation and Natural Resources may suspend the certification or operating privilege of a vessel operator without preliminary hearing upon a showing by its records or other sufficient evidence that the operator did the following:
"§ 33-5-75... "(k)...
"(1) Has committed an offense for which mandatory revocation is required upon conviction.
"(2) Has been convicted of any offense under Section 32-5A-191.3 which provides for suspension.
"(3) Has been convicted of any offense of any law or regulation which provides for suspension.
"(4) Has been convicted with frequency of serious offenses against boating or vessel operation laws or regulations governing the movement of vessels as to indicate a disrespect for boating or vessel operation laws and a disregard for the safety of other persons on the waters of this state.
"(5) Is an habitually reckless, careless, or negligent operator of a vessel, established by a record of accidents, or by other evidence.
"(6) Is competent to operate a vessel.
"(7) Has permitted an unlawful or fraudulent use of certification.
"(8) Has committed an offense in another state which is committed in this state would be grounds for suspension or revocation.
"(9) Has been convicted of fleeing or attempting to elude a marine police officer.
"(10) Has violated a restricted boater safety certification pursuant to Section 33-5-61."
(2) Subject to the provisions of Section 33-5-75, Code of Ala. 1975, the following suspension period guidelines are established for the matters referred to in subparagraphs (1) - (10) of paragraph (k) of Section 33-5-75, listed in paragraph (1) above:
(a) For § 33-5-75(k)(1), during the pendency of any proceeding for an offense for which mandatory revocation is required upon conviction;
(b) For § 33-5-75(k)(2), the mandatory suspension period provided for under Section 32-5A-191.3;
(c) For § 33-5-75(k)(3), as determined by the Commissioner of Conservation and Natural Resources, consistent with said law or regulation and, if applicable, with the provisions of Rule 220-6-.29, entitled "Point System/Operation of Vessels";
(d) For § 33-5-75(k)(4), 90 days;
(e) For § 33-5-75(k)(5), 90 days;
(f) For § 33-5-75(k)(6), during the period of incompetency;
(g) For § 33-5-75(K)(7), 90 days;
(h) For § 33-5-75(k)(8), as determined by the Commissioner of Conservation and Natural Resources based on the applicable period of suspension had the offense occurred in Alabama;
(i) For § 33-5-75(k)(9), 90 days; and
(j) For § 33-5-75(k)(10), 60 days.
(3) Action taken by the Department of Conservation and Natural Resources pursuant to the provisions contained herein shall be in accordance with the procedural requirements of Section 33-5-75, Code of Ala. 1975.
Author: Riley Boykin Smith
History
There is hereby established in "idle speed zone" for all motorized vessels operated within the following areas:
(1) from the shoreline of the Gulf of Mexico to the southernmost edge of the first sand bar located seaward of the shoreline in that area, extending from the Florida line westward beyond Fort Morgan to the westward end of the island; provided however, such area shall not include the area of Perdido Pass south of the bridge; and
(2) from the south shoreline of Dauphin Island southward for a distance of 100 yards from the shoreline in that area, extending from Ft. Gaines westward to the end of the island. It shall be unlawful to operate any motorized vessel, including personal watercraft, in excess of idle speed within the above-described "idle speed zones." For the purposes of this regulation, "vessel" is defined as provided in § 33-5-3, Code of Ala. 1975, and "personal watercraft" is defined as provided in § 33-5-51, Code of Ala. 1975, and "idle speed" is hereby defined as the slowest speed at which a said vessel or watercraft can be operated and maintain steerage. The penalty for the violation of this regulation shall be a Class C misdemeanor as provided by § 33-5-62, Code of Ala. 1975.
Author: Riley Boykin Smith
History
(a) It shall be unlawful for any person to operate a recreational vessel or residence boat on the waters of this state where the discharge of treated or untreated sewage is prohibited unless the operator secures each Type I and Type II Marine Sanitation Device (MSD) in a manner which prevents discharge of treated or untreated sewage. Acceptable methods of securing the device include:
Closing the seacock and removing the handle;
Padlocking the seacock in the closed position;
Using a non-releasable wire-tie to hold the seacock in the closed position; or
Locking the door to the space enclosing the toilets with a padlock or door handle key lock.
(b) It shall be unlawful for any person to operate a recreational vessel or residence boat on the waters of this state where the discharge of untreated sewage is prohibited unless the operator secures each Type III Marine Sanitation Device (MSD) in a manner which prevents discharge of sewage. Acceptable methods of securing the device include:
Closing each valve leading to an overboard discharge and removing the handle;
Padlocking each valve leading to an overboard discharge in the closed position; or
Using a non-releasable wire-tie to hold each valve leading to an overboard discharge in the closed position.
(c) Any person violating any of the provisions of this regulation shall be punished as provided by § 33-6A-8, Code of Ala. 1975.
History
(a) No vessel equipped with a flashing, rotating, or oscillating blue light may be operated on the waters of this state except lawfully authorized law enforcement vessels.
(b) Any person violating any of the provisions of this regulation shall be punished as provided by § 33-5-62, Code of Ala. 1975.
History
(a) It shall be unlawful to operate a motorized vessel in the area designated by a series of signs erected adjacent to Bird Island and adjacent to Walker Island in the Perdido Pass/Bayou St. John area of Baldwin County. Vessels utilizing this area must either be paddled or push poled.
(b) Any person violating any of the provisions of this regulation shall be punished as provided by § 33-5-62, Code of Ala. 1975.
History
(a) This regulation is adopted to comply with the provisions of Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975. The act requires the Department of Conservation and Natural Resources to adopt rules authorizing the use of vessels otherwise prohibited by the act in the following circumstances:
(1) Vessels needed for use on a temporary basis;
(2) Houseboats [defined in the act as either (a)"residence boats", defined in Section 33-6A-1(6) as "any structure used primarily for habitation located on any waters in the state, floating or supported totally or partially on pilings" or (b) recreational vessels that constitute a fully equipped dwelling similar in content to a mobile home, with a marine sanitation device, galley, and sleeping quarters)] that were licensed and in use on July 1, 2006, provided, that they meet all applicable standards for sewage discharges, are moored at a marina or other facility with a certified pump-out station or other approved means of sewage disposal, and are inspected annually; or
(3) Boats exceeding 30 feet 6 inches in length [not to include any boat covered by subdivision (2) of subsection (a) of the act] that was licensed and in use or that was on site and available for sale at a marina located on one of the lakes referenced in subsection (a) of the act on July 1, 2006.
(b) The owner of a vessel that may be permitted must submit an application that can be obtained from the Marine Police Division along with the appropriate fee to the Marine Police Division Headquarters. Except as otherwise provided herein for those vessels referred to in (a)(1) above, to meet requirements for approval, the owner must submit:
(1) proof that the vessel was in compliance with the boat registration laws of the State of Alabama on or after July 1, 2003 but not later than July 1, 2006, and that the vessel was placed in the water of the particular lake, or was in storage at or adjacent to the particular lake, at some point on or after July 1, 2003 but not later than July 1, 2006; OR
(2) [Applicable to boats referred to in (a)(3) above only] proof that the boat was on site and available for sale at a marina located on one of the subject lakes on July 1, 2006. Proof can be in the form of previous registration certificates, marine rental agreements, dealer invoices, past MSD inspections, or other proof that can be authenticated. Once originally approved, two stickers bearing lake-specific markings and a permit will be mailed to the applicant. The permit shall expire on December 31 each year and must be renewed annually by the vessel owner by mailing in the appropriate fee and an application for an approved vessel that can be obtained from the Marine Police Division. An approved vessel will not have to replace the decal each year but must obtain a valid permit. A valid permit must be onboard any vessel that is required to be permitted and such permit must be readily available for inspection.
(c) Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975, state that "recreational vessels greater than 26 feet 11 inches in length and rated by the manufacturer for or capable of a top speed in excess of 60 miles an hour shall be prohibited."
(1) Any vessel greater than 26 feet 11 inches in length referenced by this act that is witnessed by an enforcement officer to be exceeding 60 miles an hour shall be on the first offense issued a warning for being illegally operating on the lake and must not operate upon the lake until such time that the boat owner is able to provide written proof to the Marine Police Division that the vessel has been altered so that such vessel is incapable of a top speed in excess of 60 miles per hour. Such written proof must be notarized and signed by a manufacturer certified marine mechanic or technician, currently certified, stating what modifications were made to the vessel and that such modifications will make the vessel permanently incapable of exceeding 60 miles an hour. If written proof of modifications of the vessel (to assure that the vessel is permanently incapable of exceeding 60 miles per hour) is not received within 90-days of the date of warning, such vessel shall be considered in violation of Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975.
(2) Any vessel that has received a written warning and provided documentation that the vessel has been altered to make the vessel permanently incapable of exceeding 60 miles an hour that is witnessed by an enforcement officer to be exceeding 60 miles an hour shall be considered in violation of Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975.
(3) Any vessel which is otherwise determined to be rated by the manufacturer for or capable of a top speed in excess of 60 miles an hour shall be considered in violation of Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975.
(d) Definitions of Certain Terms: For the purposes of the administration and enforcement of Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975, the following terms shall be defined as follows:
(1) " Licensed on the effective date of this section" -Vessels complying with the boat registration laws of the State of Alabama on or after July 1, 2003 but not later than July 1, 2006.
(2) "In use on the effective date of this section" - The vessel was placed in the water of the particular lake, or was in storage at or adjacent to the particular lake, at some point on or after July 1, 2003 but not later than July 1, 2006.
(3) "Recreational vessel that constitutes a fully equipped dwelling similar in content to a mobile home" - A recreational vessel that has at least one dedicated sleeping area similar to that sleeping area in a mobile home, has a galley (which shall include a stove, refrigerator, and a sink), and has a marine sanitation device. Cuddy cabin boats are specifically excluded from this definition.
(e) Permits for Vessels on Lake Harris (Lake Wedowee), Lake Martin, and Weiss Lake. Permits shall be issued on a "per lake" basis . Permits shall be issued on or about January 1, 2009, or as soon as reasonably practical thereafter. The cost of each annual permit shall be $45.00. The cost for temporary permits shall be $10.00 per day. Permits for vessels may be transferred from one vessel owner to another for a permit transfer fee of $25.00. [Informational Note: Marine Sanitation Inspections required under § 33-6A-6, Code of Ala. 1975, are conducted at no additional charge until October 1, 2008.] All vessels required to be permitted must have such permit on board the vessel prior to operation on or after March 1, 2009.
(f) Method of Measurement of Length - For the purposes of the administration and enforcement of Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975, the length of vessels shall be determined by measuring the straight line distance from the bow to the lowest part of the transom, excluding bowsprits, outboard motor brackets, rudders, or other attachments, and excluding any swim platforms whether molded into the hull construction or otherwise. Notwithstanding the foregoing, the length of the vessel as shown on the current vessel registration shall be prima facie evidence of the length of the vessel for the purposes of the administration and enforcement of Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975.
(g) Determination of Temporary Need for Vessel Use - Determinations for any temporary need for use of vessels otherwise prohibited by the act shall be made on a case-by-case basis by the Commissioner of Conservation and Natural Resources, after receipt of written applications detailing the particular need and the nature and length of the proposed use of the vessel.
(h) Advisory Opinions Regarding Compliance - Persons with uncertainty as to compliance with the provisions of this regulation and/or with Act 2006-398, Acts of Alabama and § 33-6A-3.1, Code of Ala. 1975, may obtain written advisory opinions from the Commissioner of Conservation and Natural Resources.
(i) The penalty for the violation of any provisions of this regulation shall be as provided by Section 33-6A-8, Code of Ala. 1975.
History
Effective immediately, unless otherwise authorized by the Department of Conservation and Natural Resources, and until further official notification by the Commissioner of Conservation and Natural Resources, the following waters shall be closed to the operation of all vessels and watercraft: Those waters of the Gulf of Mexico within a distance of 100 yards of any saltwater fishing pier operated by the State of Alabama, Department of Conservation and Natural Resources, or its authorized agent.
Any person violating any of the provisions of this regulation shall be punished as provided by Code of Ala. 1975, § 33-5-62.
History
(1) It shall be unlawful for any person to do or attempt any of the following from a vessel: to discharge overboard, or place in or upon the waters of the state, any trash, garbage, or plastics. Such items must be taken to shore and legally disposed of on land.
(2) All vessels shall have on board a container or storage compartment for the proper disposal of trash, garbage, or plastics. Such container or storage compartment shall assure that such waste, trash or plastics cannot be inadvertently blown overboard.
(3) All vessels shall have a container or bag that is appropriate for moving trash, garbage or plastics to shore for legal disposal.
History
(1) Effective October 1 st, 2008, the Department of Conservation and Natural Resources will designate special agents to conduct annual inspections on those vessels and residence boats required to be inspected by § 33-6A-6, Code of Ala. 1975. These special agents will be required to have the following credentials as recognized by the ADCNR:
(a) The special agent must possess a Federal Tax Identification Number/EIN.
(b) The special agent must possess the applicable business licenses required by the county and/or municipality where they are headquartered.
(c) The special agent must be bonded for a minimum of $10,000 indemnity.
(d) The special agent must receive initial training designated or provided by the Marine Police Division of the Department of Conservation and Natural Resources for the proper recognition and technical understanding of marine sanitation devices, to be followed by periodic refresher certification as outlined by Marine Police Division policy.
(e) The special agent must contractually agree to abide by all policies and procedures established by the Marine Police Division.
(2) The Marine Police Division will provide inspection forms and decals to the special agent for conducting the inspections.
(a) All forms and fees required in this regulation must be filed with the Marine Police Division by the 10 th day of the following month. The forms must include the following and any other information specified by the Director of the Marine Police Division:
MSD permit applicant's name, physical address, and permit number issued;
special agent's signature;
vessel/residence boat owner or agent's signature;
vessel registration number or Federal documentation number;
date of inspection;
vessel/residence boat location;
boat name (if applicable);
type of device inspected;
decal number issued.
(b) INSPECTION FEES FOR INSPECTIONS BY SPECIAL AGENTS: The annual inspection fee for inspections conducted by special agents will be $10 per vessel, which amount shall be remitted by the special agent to the Marine Police Division as provided for herein. In addition, the special agent may charge up to a $40 service fee per vessel (which amount may be retained by the special agent) so that the total price of the annual MSD inspection conducted by the special agent will not exceed $50 maximum for the vessel/residence boat owner.
(c) The Director of the Marine Police Division or other persons as designated for such purposes shall have the power and authority to inspect and examine the books, records, decals, ledgers, and any other paperwork or records of any type, relating to the special agent's inspections, at any reasonable time during regular business hours.
(3) The Department of Conservation and Natural Resources may cancel the authorization of the special agent to conduct inspections at any time, when it, in its sole discretion, determines that such cancellation is in the best interest of the State. Upon such cancellation, the special agent shall immediately:
(a)remit all amounts owed and
(b) return all forms, records, books, and decals, to the Marine Police Division
(4) INSPECTION FEES FOR INSPECTIONS BY ADCNR PERSONNEL: The annual inspection fee for inspections conducted by personnel of the Department of Conservation and Natural Resources will be $50 per vessel.
History
(a) It shall be unlawful to operate a combustible engine on a vessel in the area designated by a series of signs erected in the vicinity of Rabbit Island and Ono Island in Old River south of Ono Island in Baldwin County. In designated area all vessels equipped with internal combustion motors (e.g.: gasoline or diesel motors) for propulsion must turn off the internal combustion motor and, if possible to do so, tilt or raise the internal combustion motor out of the water. The use of electric motors is not prohibited.
(b) Any person violating any of the provisions of this regulation shall be punished as provided by § 33-5-62, Code of Ala. 1975.
History
(a) It shall be unlawful to operate a vessel with a combination engine (gasoline or diesel powered) in the following area in Mobile County: from the headwaters of Three Mile Creek, to the railroad bridge at Telegraph Road. This prohibition shall not apply to law enforcement, government, or emergency vessels.
(b) Any person violating any of the provisions of this regulation shall be punished as provided by § 33-5-62, Code of Ala. 1975.
History
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