Ala. Admin. Code r. 220-3-.85

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

Section 220-3-.85 - Seafood Aquaculture

(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.

Ala. Admin. Code r. 220-3-.85

Adopted by Alabama Administrative Monthly Volume XXXIV, Issue No. 11, August 31, 2016, eff. 9/25/2016.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 01, October 29, 2021, eff. 12/13/2021.

Author: Christopher M. Blankenship

Statutory Authority: Act 2015-441; Code of Ala. 1975, §§ 9-2-4, 9-2-7, 9-2-8, 9-2-12.

PENALTY: As provided by law.