Ala. Admin. Code r. 220-3-.78

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

Section 220-3-.78 - Fisheries Enforcement In Federal Waters

(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.

Ala. Admin. Code r. 220-3-.78

New Rule: Filed July 25, 2008; effective August 29, 2008.

Author: M. Barnett Lawley

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

PENALTY: As provided by law.