Sources: Code of Alabama, 1975, Title 9; 1987 Replacement Volume; 1992 Cumulative Supplement.
STATE WILDLIFE POLICY
The title to freshwater fish and to all wild birds and wild animals in the state of Alabama is vested in the state for regulating the use and disposition of the same in accordance with the laws of the state (9-11-81 and -230).
PROTECTED SPECIES OF WILDLIFE
The following are game fish: largemouth and smallmouth black bass, commonly called trout or green trout; bream, crappie or perch and all other members of the sunfish family, including rock bass or goggle eye, calico bass, warmouth, redbreast, white perch, speckled perch, bluegill and coppernose; walleye pike, sauger or jack salmon, jack fish or pickerel and all other members of the pickerel and pike families; white lake bass, commonly called striped bass, yellow bass and other members of the bass family; saltwater striped bass or rock fish when taken in fresh water (9-11-82). The following are commercial fish or nongame fish: drum, buffalo, channel catfish and all members of the catfish family; spotted sucker and all members of the sucker family, including the species known as red horse and black horse (9-11-83).
No person shall collect a protected wild animal or bird or egg for propagation or scientific purposes except under the direction and regulation of the Commissioner who shall issue permits. Violation: fine of $10-25 for each offense (9-11-231). A person, firm association or corporation who takes, catches, kills or has in possession, living or dead, a protected wild bird not a game bird, or who sells or offers for sale, buys, purchases or offers to buy, purchase or exchange the bird for value, or who sells or exposes for sale or buys the plumage, skin or body of a protected bird, or who takes or willfully destroys nests or possesses nests or eggs, except as provided, is guilty of a misdemeanor and shall be fined $10-25 for each offense (9-11-232).
The flattened musk turtle is a reptile unique to Alabama and the legislature finds protection is required for its survival. It is unlawful to hunt, wound, injure, kill, trap, collect or capture a flattened musk turtle, or sell, purchase or ship the turtle, alive or dead, or its parts, or purchase, transport, ship the animal in interstate, intrastate or foreign commerce. The Department shall permit an act otherwise prohibited for scientific or survival research, zoological exhibition, or education. The prohibitions regarding the killing or injuring of a flattened musk turtle shall not apply where the killing or injuring is incidental to, and not the purpose of, activities which are otherwise lawful. Violation: fine up to $5,000; jail up to one year; or both (9-11-269).
HABITAT PROTECTION
The Commissioner may, with the Governor's approval, by lease, gift or otherwise, acquire title to or control over lands within the state suitable for protection and propagation of game and fish or for public hunting and fishing purposes or to be used otherwise as provided by law, to be known as state game lands. The Director may purchase, erect and equip necessary buildings for propagating game, birds and fish (9-11-2). The title to land acquired by gift or otherwise shall be approved by the attorney general; the title shall vest in the state, and supervision over the lands shall be under the control of the Commissioner (9-11-3). The Commissioner may, on the Governor's approval, establish and maintain state game refuges or sanctuaries for the protection, preservation or propagation of game birds, animals or fish on all or a portion of lands or waters held in fee or trust or under lease by the state, and game birds, animals or fish shall not be hunted, pursued, disturbed or molested. The Commissioner may, with the consent of federal authorities, maintain, develop and utilize for hunting state shooting preserves, game refuges and sanctuaries in national forests or other federal owned lands (9-11-4).
The Commissioner is authorized to propagate game birds, game and fur-bearing animals; to secure by lease, gift or otherwise lands suitable for their propagation; to expend game and fish revenues to procure buildings, equipment and expert assistance in the breeding and propagation of birds and animals (9-11-260).
The Department, through the Commissioner, may establish by proclamation wildlife management areas in the public interest and enter into agreements with the USFS, the US Bureau of Biological Survey, the TVA or other land owners to establish wildlife management areas, the agreements to provide for: the responsibilities of the Department and the cooperating agency for restocking wildlife species; planting and cultivation of game and fish foods; protection of the areas from predatory animals and unauthorized hunting or fishing; work necessary for the management of area wildlife, including provision for harvesting game and fish crops; collecting special fees for hunting or fishing on the wildlife management areas, up to 50% of which may go to the cooperating party or agency (9-11-300). The Commissioner is to: set up boundaries; make regulations; establish special open and closed seasons on game animals, game birds and fish; establish fee amounts; and require permits and limit their number for hunting or fishing in management areas (9-11-301). The Commissioner is authorized to: close to all hunting and fishing land or water within the boundary of a management area which is not under a cooperative wildlife management agreement with the Department, provided that at least 90% of the said management area is under an agreement (9-11-302); search without warrant a vehicle, hunting sack or hunting coat within a wildlife management area; confiscate a protected bird, animal or fish found killed or held in violation of the game laws (9-11-303). Carrying or possessing firearms within a wildlife management area without a permit is prohibited (9-11-304).
No unleashed dogs are permitted within a wildlife management area; a violation is a misdemeanor (9-11-305). The Commissioner shall impound dogs found running at large within a wildlife management area, the dogs to be held until claimed by owner or destroyed in accordance with this section. Dog owners are to be notified if possible, and notice published in a paper of general circulation in the county in which the management area is located, allowing dog owners to claim dogs within 21 days of notice by paying an impoundment fee (9-11-306). Violation: misdemeanor; fine $25-100; or jail for 30 days to 1 year; or both (9-11-307).
Select another State Summary
New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu