Section 9-11-53

Resident license - Freshwater fishing; reciprocal agreement with Florida.

(a) Any person who has been a bona fide resident of this state for a period of not less than 90 days next preceding and who is age 16 or older, but who has not yet reached the age of 65, shall not take, catch, kill or attempt to take, catch, or kill any fish in any of the waters of this state above that line defined in Rule 220-2-.42 (1) of the Department of Conservation and Natural Resources as published in the Alabama Administrative Code, as well as below that line in any of the ponds or lakes containing freshwater fish, subject to the exceptions contained herein, by angling with rod and reel or by use of any artificial bait, fly, or lure without first procuring an annual freshwater fishing license and paying therefor the sum of eight dollars fifty cents ($8.50). Any resident angling with hook and line in the waters of this state outside his or her county of residence shall procure the annual freshwater fishing license. Any resident who procures a rod and reel license, however, shall be entitled to fish with a hook and line without the necessity of procuring an additional license. These licenses shall be issued in the manner and under the conditions, limitations, and exemptions as expressly provided for in this section.

(b) Notwithstanding any other provision of law, any resident 64 years of age procuring a state or county resident freshwater fishing license pursuant to this section shall be issued the license on a lifetime basis. License fees from the sale of a lifetime license pursuant to this subsection to a resident age 64 shall be deposited to the credit of the Alabama Game and Fish Endowment Fund within the Game and Fish Fund.

(c) A fishing license shall not be transferable, and it shall be unlawful to borrow, lend, or alter any fishing license or for any license-issuing officer to backdate any license at the time of issuing the license.

(d) Any citizen of this state who is entitled to purchase a fishing license as provided for in this section may procure a license by applying to any judge of probate, license commissioner, or other persons authorized and designated to issue fishing licenses, stating his or her name, age, place of residence, and post office address, and paying to the issuing officer the amount required in this section for the license. Judges of probate, license commissioners, or other persons authorized and designated to issue fishing licenses shall be entitled to a fee of one dollar ($1) for each license so issued, which fee shall be in addition to the amount designated in this section as the cost of the license. All fees collected by any judge of probate or license commissioner who is paid a salary for the performance of his or her duties shall be paid into the county treasury to the credit of the appropriate fund.

(e) All persons under the age of 16 years shall be exempted from the requirement of procuring a license. Any resident of this state over 65 years of age shall be exempted from the requirement of procuring a fishing license as provided for in this section, provided that the resident has on his or her person while fishing, a driver's license, or, in the case of nondrivers, proof of permanent Alabama residence and age.

(f) The Department of Conservation and Natural Resources is directed to enter into a reciprocal agreement with the State of Florida to exempt residents of Alabama over 65 years of age from the requirement of procuring a license in Florida by exempting residents of Florida over 65 years of age from the requirement of procuring a license in Alabama.

(g) The licenses required by this section shall not apply to any person who fishes in a private pond. The license required by this section shall not apply to any person fishing with an ordinary hook and line in his or her county of residence. A person who fishes with ordinary hook and line in his or her own county of residence shall be required to have on his or her person, while so fishing, a reasonable proof of residency in the county. In addition, the licenses required by this section shall not apply to persons exempt from fishing license requirements while fishing at commercial fee fishing ponds pursuant to the provisions of Article 17 of this chapter.

(h) The revenue derived from the sale of the license provided for in this section shall be remitted to the Department of Conservation and Natural Resources on the first day of each month by the issuing officer and shall be deposited into the State Treasury to the credit of the Game and Fish Fund and shall be used in the construction, maintenance, development, and supervision of public fishing lakes, for the purchase of lands to be used for public landings on public streams and for the development, protection, propagation, and distribution of fish and wildlife of this state.

(i) Any person who violates this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50) nor more than two hundred fifty dollars ($250) for each offense.

(Acts 1936-37, Ex. Sess., No. 147, p. 165, §§ 1-4; Code 1940, T. 8, §38; Acts 1955, No. 257, p. 601; Acts 1971, No. 1980, p. 3222, § 1; Acts 1979, No. 79-803, p. 1481, § 1; Acts 1983, No. 83-743, p. 1223; Acts 1988, 1st Ex. Sess., No. 88-805, p. 242, §2; Acts 1992, No. 92-344, p. 736, §2; Acts 1993, No. 93-624, p. 1047, §1; Act 2000-735, p. 1604, §1.)