Ala. Admin. Code r. 220-3-.41
Current through Register Vol. 43, No. 1, October 31, 2024
Section 220-3-.41 - Finfish Taken As Bait By Bait Purse Seine(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
Ala. Admin. Code r. 220-3-.41
New Rule: Filed December 17, 1997; effective January 21, 1998. Amended: Filed September 14, 1999; effective October 19, 1999.Statutory Authority:Code of Ala. 1975, §§ 9-2-4, 9-2-7, 9-2-8, 9-2-12.
PENALTY: As provided by law.