Section 9-12-67

Sacking and tagging oysters; penalties.

(a) All oysters taken from the public or private oyster bottoms of the State of Alabama for commercial purposes shall be sacked in burlap, or similar material, bags containing not more than one-quarter Alabama barrel of oysters. Oysters shall be sacked and each sack tagged prior to landing at any dock, wharf, ramp or other place of unloading. A tag shall remain attached to each sack until the sack is emptied and the oysters are opened by a licensed oyster processor, or in a restaurant or other establishment selling half-shell oysters or by the final consumer. Sacks shall not be emptied prior to reaching the destination where said oysters shall be opened. If less than the entire sack is to be opened at one time, the tag shall remain attached to the sack until the last oyster is removed. Upon emptying each sack, the tag shall immediately be destroyed by first cutting it in two pieces and then by cutting it from the sack. It shall be unlawful to possess empty sacks with oyster tags attached thereto.

(b) It shall be unlawful for any person, firm or corporation to sell, purchase or possess oysters in violation of the provision of this section and upon conviction, persons, firms or corporations shall be guilty of a Class C misdemeanor.

(c) Tags shall be purchased at a cost of $.25 per tag from the Department of Conservation and Natural Resources, Division of Marine Resources, or its duly authorized agents. Receipts shall be deposited to the credit of the Marine Resources Fund and shall be used solely for shell planting and other oyster reef improvements.

(Acts 1987, No. 87-560, §§ 1-3.)