Ala. Admin. Code r. 220-3-.15

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

Section 220-3-.15 - Oyster Season And Harvest Limits

(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.

Ala. Admin. Code r. 220-3-.15

Filed August 28, 1987(E); October 22, 1987(E); December 17, 1987(E); April 6, 1988(E); September 1, 1988(E); March 3, 1989(E); April 27, 1989(E); August 29, 1989(E); September 29, 1989(E); November 9, 1989(E); April 27, 1990(E); November 7, 1990(E); March 1, 1991(E); May 21, 1991(E); September 12, 1991(E); May 7, 1992(E); June 25, 1992(E); September 2, 1992(E); November 23, 1992(E); January 7, 1993(E); February 5, 1993(E); February 8, 1993(E); May 31, 1993(E); September 14, 1993(E); March 28, 1994(E); May 30, 1994(E); June 2, 1994(E). Amended: Filed October 4, 1993; effective November 8, 1993. Amended: Filed June 1, 1994; effective July 6, 1994. Amended: Filed June 8, 1994; effective July 13, 1994. Amended: Filed November 9, 1994; effective November 9, 1994. Amended: Filed April 27, 1995; effective June 1, 1995. Amended: Filed September 25, 1995; effective October 2, 1995. Amended: Filed May 29, 1996; effective May 29, 1996. Amended: Filed August 28, 1996; effective September 2, 1996. Amended: Filed September 3, 1996; effective September 3, 1996. Amended: Filed October 17, 1996; effective October 21, 1996. Repealed: Filed November 12, 1996; effective November 12, 1996. (See Peremptory Rules 220-2-.39). New Rule: Filed December 5, 1996; effective December 5, 1996. Amended: Filed December 31, 1996; effective December 31, 1996. Amended (PE): Filed May 14, 1997; effective June 1, 1997. Amended (PE): Filed September 26, 1998; effective September 29, 1998. Amended (PE): Filed May 4, 1998; effective May 5, 1998. Amended (PE): Filed June 10, 1998; effective June 10, 1998. Amended (PE): Filed June 24, 1998; effective June 24, 1998. Amended (PE): Filed January 18, 2001; effective January 18, 2001. Amended (PE): Filed April 5, 2001; effective April 5, 2001. Amended (PE): Filed April 23, 2002; effective April 23, 2002. Amended (PE): Filed March 28, 2003; effective March 28, 2003. Amended (PE): Filed April 24, 2003; effective April 24, 2003. Amended (PE): Filed June 10, 2003; effective June 10, 2003. Amended (PE): Filed March 4, 2004; effective March 4, 2004. Amended (PE): Filed December 29, 2004; effective December 29, 2004. Amended (PE): Filed April 28, 2005; effective April 28, 2005. Amended (PE): Filed June 23, 2008; effective June 23, 2008. Amended (PE): Filed March 24, 2009; effective March 24, 2009. Amended (PE): Filed October 20, 2010; effective October 20, 2010. Amended: Filed November 24, 2010; effective December 29, 2010. Amended (PE): Filed March 27, 2012; effective March 27, 2012; Amended (PE): Filed November 3, 2014; effective November 3, 2014. Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 08, May 31, 2017, eff. 6/23/2017. Amended (PE): Filed May 15, 2020; effective May 15, 2020. Amended (PE): Filed May 19, 2021; effective May 19, 2021.

Amended by Alabama Administrative Monthly Volume XLII, Issue No. 12, September 30, 2024, eff. 9/18/2024.

Author: Christopher M. Blankenship

Statutory Authority:Code of Ala. 1975, §§ 9-2-4, 9-2-7, 9-2-8, 9-2-12, and 9-12-67.

Penalty: As provided by law.