Ala. Admin. Code r. 220-2-.46

Current through Register Vol. 43, No. 1, October 31, 2024
Section 220-2-.46 - Legal Methods And Equipment For The Taking Of Commercial Or Non-Game Fish

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
1. 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.
2. 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
1. 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).
2. 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.

Ala. Admin. Code r. 220-2-.46

Filed September 30, 1982. Amended: April 19, 1983; May 16, 1983; January 21, 1986; July 17, 1991; October 22, 1992. Amended: Filed August 23, 1994; effective September 28, 1994. Amended: Filed September 13, 1994; effective October 19, 1994. Amended: Filed February 9, 1995; effective March 16, 1995. Amended: Filed July 11, 1995; effective August 16, 1995. Amended: Filed February 13, 1996; effective March 20, 1996. Amended: Filed September 10, 1996; effective October 16, 1996. Amended: Filed July 10, 1997; effective August 14, 1997. Amended: Filed July 16, 2002; effective August 20, 2002. Amended: Filed June 16, 2003; effective July 20, 2003. Amended: Filed August 10, 2004; effective September 14, 2004. Amended: Filed September 12, 2007; effective October 17, 2007.
Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 09, June 30, 2015, eff. 7/16/2015.
Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 08, May 31, 2017, eff. 6/23/2017.
Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 10, July 31, 2019, eff. 8/25/2019.
Amended by Alabama Administrative Monthly Volume XLII, Issue No. 11, August 30, 2024, eff. 10/14/2024.

Author: Christopher M. Blankenship

Statutory Authority:Code of Ala. 1975, §§ 9-2-7, 9-2-8, 9-2-12, 9-11-140, 9-11-190.

Penalty: As provided by law.