(a) The spearing of commercial or nongame fish solely for the purpose of sport in all waters of this state, both fresh and salt, shall be lawful; provided, that the person engaged in the act of spearing shall be completely submerged. "Commercial or nongame fish" as used in this article shall be limited to those freshwater fish designated as such by the Department of Conservation and Natural Resources and all species of saltwater fish. "Spearing" as used in this article shall be limited to the use of a spear or similar instrument that is held in the hand of the person using same and the use of a weapon, other than a firearm, which propels or forces a projectile, arrow or similar device therefrom to which a wire, rope, line, cord or other means of recovering the propelled projectile, arrow or similar device is attached and is secured to the weapon or to the person using the weapon.
(b) When a group of individuals shall meet for the purpose of a
competitive spearfishing event, notice thereof shall be given to the
Department of Conservation and Natural Resources at least one week
prior thereto designating the time, date and place of the event.
(Acts 1961, 1st Ex. Sess., No. 266, p. 2282, §1.)Section 9-11-171
Each person engaged in the spearing of commercial or nongame fish
shall, in addition to all other Alabama fishing licenses, have a
commercial or nongame fish spearfishing license. The fee for the
commercial or nongame spearfishing license shall be as follows: state
resident's license, $5.00; nonresident seven-day license, $2.50;
nonresident annual license, $7.50. Said licenses shall be issued only
by the Department of Conservation and Natural Resources, Montgomery,
Alabama. The revenue derived from the sale of the licenses provided for
in this article shall be covered into the State Treasury to the credit
of the Game and Fish Fund.
(Acts 1961, Ex. Sess., No. 266, p. 2282, &seSection 9-11-172
Said commercial or nongame spearfishing license must be kept in the
boat or other base of operations for said skin diver and readily
available for inspection by any conservation officer, agent or employee
of the Department of Conservation and Natural Resources.
(Acts 1961, Ex. Sess., No. 266, p. 2282, &seSection 9-11-173
The Commissioner of Conservation and Natural Resources shall have
the power to open and close spearfishing of commercial or nongame fish
on any and all waters of this state or at any time of the day or night
by regulation and shall have the power to further regulate or restrict
spearfishing if he deems it necessary in the interest of good
(Acts 1961, Ex. Sess., No. 266, p. 2282, §3.)Section 9-11-174
The provisions of Chapter 5 of Title 33 of this code requiring a
diver's flag to be displayed on the surface of the water where skin
divers are operating and any and all other present and future
regulations promulgated under authority of said act which affect the
operation of skin divers must be obeyed by spear fishermen when engaged
in spearfishing under authority of this article.
(Acts 1961, Ex. Sess., No. 266, p. 2282, §4.)Section 9-11-175
The possession of a spear, spear gun or spearing device in a boat,
on the bank of a body of public water or on or in the public waters of
this state shall be prima facie evidence to the court having
jurisdiction that the person in possession of the same is engaged in
spearfishing, unless said person is frog gigging only.
(Acts 1961, Ex. Sess., No. 266, p. 2282, §5; Acts 1975, No. 1207, p. 2520, §1.)Section 9-11-176
Any person who shall violate the provisions of this article shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punished
as provided for by law, except that the minimum fine under this article
shall be $25.00.
(Acts 1961, Ex.
Sess., No. 266, p. 2282, §6.)
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