1. (1) Except as otherwise provided by law or regulations, it shall be unlawful to use purse seines for the taking or attempting to take fishes of other than those of the families Clupeidae (menhaden and herrings) and Engraulidae (anchovies) in the territorial waters of this State; provided however, that an incidental bycatch of five (5) percent by number of other fishes (excluding game fish) is allowable while purse seining in Alabama waters.

2. (2) It shall be unlawful for any person, firm or corporation to take or attempt to take menhaden by purse seine except as follows:

   1. (a) The starting date for the commercial menhaden season in the territorial waters of Alabama shall be the third Monday in April and the closing date shall be November 1 of each year (both dates inclusive).

   2. (b) The taking of menhaden by purse seine shall be permitted only in those waters of the Gulf of Mexico as described below:

      Mississippi Sound South and west of a line extending from the eastern tip of the South Rigolets (30º21’. 120N, 088º23’. 490W) Westward to the charted position of Bayou La Batre Channel marker “19”, then running due south to its intersection with Dauphin Island, except those waters lying within one (1) mile of the shoreline of Dauphin Island shall be closed. The Gulf of Mexico for a distance of three (3) miles, except those waters lying within one (1) mile of the Gulf Beaches shall be closed.

Author: James D. Martin

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

Penalty: As provided by law.

History: New Rule: Filed December 12, 1995; effective January 16, 1996. Amended: Filed July 17, 1996; effective July 17, 1996. Amended (PE): Filed October 30, 1997; effective October 30, 1997. Amended: Filed December 17, 1997; effective January 21, 1998. Amended (PE): Filed November 9, 1998; effective November 9, 1998. Amended (PE): Filed January 17, 2003; effective January 17, 2003. Amended (PE): Filed May 21, 2003; effective May 21, 2003.