Section 9-12-42

Duty to replant oysters and oyster shells on public reefs; option to pay replanting costs, etc.; penalties.

Any person, firm, corporation or association taking, catching or removing oysters from any of the public reefs, beds or bottoms in the waters of this state, except for the purpose of replanting such oysters in this state, shall replant 50 percent of all oyster shells so removed upon the public reefs, beds or bottoms in the waters of the State of Alabama. This duty for replanting such oysters is specifically imposed upon any purchaser, dealer, wholesaler, packing or canning factory which purchases such oysters for resale from any source whatsoever.

The person, firm, corporation or association obligated under this section to replant such shells shall have the option, in lieu of replanting such shells, of paying to the Department of Conservation and Natural Resources the then reasonable market value of such shells, plus the cost of replanting the same, provided such option is exercised prior to May 1 of each year, and notice of the exercise of such option is given to the Department of Conservation and Natural Resources accompanied by the amount due on the cost of such shells and the cost of replanting same as computed by the Department of Conservation and Natural Resources.

Should the person, firm, corporation or association obligated to replant such shells fail to exercise the hereinabove given option and fail to replant such shells or any part thereof by June 1 of each year, the Department of Conservation and Natural Resources may immediately institute in its name appropriate legal proceedings in any court having jurisdiction thereof to enforce the collection and payment of such amount as may be due as the cost of such shells and of replanting same as computed by the Department of Conservation and Natural Resources, and the license of such person, firm, corporation or association so in default shall automatically be revoked, nor shall any license for any subsequent year or years be issued to any such person, firm, corporation or association as long as such default continues; and, in addition, such person, firm, corporation or association so in default shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50.00 nor more than $500.00.

All shell collected by the Department of Conservation and Natural Resources as provided for in this section shall be replanted by the Department of Conservation and Natural Resources on the public reefs, beds or bottoms in the same year the shell is collected by the Department of Conservation and Natural Resources. Any shell collected by the Department of Conservation and Natural Resources shall not be sold to any person, firm, corporation or association.

(Acts 1923, No. 504, p. 672; Code 1923, §2769; Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §139; Acts 1943, No. 422, p. 388, § 1; Acts 1945, No. 308, p. 501, § 1; Acts 1961, Ex. Sess., No. 108, p. 2028, § 1.)