Saltwater License Changes to 'Possession' Law

By DAVID RAINER

When the Alabama Legislature passed House Bill 255 in June, the law regulating saltwater fishing changed.

While much of the focus at the time was the much-needed increase in saltwater license fees, another change in the law redefined who must possess a saltwater fishing license.

“At that time, our law said that you had to have a saltwater license if you were ‘taking or attempting to take’ fish in the salt waters of this state, defined as geographic lines to the north out to 3 nautical miles offshore,” explained Vernon Minton, Director of the Marine Resources Division of the Alabama Department of Conservation and Natural Resources. “What we were seeing were a number of individuals who would leave dock and proceed directly offshore and fish, for example, in our artificial reef zones and then come directly back to dock. The way the law was written at the time, they didn’t have to have our saltwater license.”

Marine Resources officials visited with the different user groups on the proposed legislation about how best to remedy the shortfalls in both funds and enforcement.

“We talked to the charter boat captains in the Orange Beach Fishing Association,” Minton said. “We asked initially if there was a way to restructure their license fees, but they really didn’t want to see that. But the board voted unanimously to go from a ‘taking or attempting to take’ to a possession law. The states of Texas, Florida and Louisiana already have that in place and Mississippi is working on legislation to do that.”

A saltwater license is required if you possess fish that are taken by rod and reel, use of artificial or live bait, fly or lure, as well as a gig, cast net, bow, crab trap or spear. This requirement relates to fish taken in both federal and state waters.

“Basically, what the possession laws says is that regardless of where you are – you go offshore, Florida or Mississippi – if you come back into Alabama waters with fish you have to have an Alabama saltwater fishing license,” Minton said. “It’s much simpler to enforce, and it’s much simpler for people to understand. If you have fish on board or in your possession and you’re between the ages of 16 and 64 you have to have a license.”

The increase in saltwater license fees was a modest $5 per year for Alabama residents, from $15 to $20 with a $1 issuance fee. The legislation also establishes seven-day trip license for residents and non-residents. Visit http://www.outdooralabama.com/fishing/saltwater/license/ for details.

“The need for increasing the license fees and re-adjusting the persons who need to buy licenses was due to an analysis done by our accounting section,” Minton said. “Basically, what it showed was that without some change in revenue income, given just a level amount of outflow that the lines of income and outflow would cross in about two years. What that means, you have a choice – you either cut services and/or personnel or you’ve got to see an increase in revenue.

“We felt like with the population growth in this area, the amount of services we have and the need for additional enforcement and biological help, we really needed to increase revenue. This is the first time there has been a change in the saltwater license costs in about 15 years. We looked at the cost that would get us into the future. One, if we looked at just a straight increase, we were looking at needing an additional $8 to $10, but that might be a little prohibitive and we didn’t want any backlash.”

Working with Conservation Commissioner Barnett Lawley, the bills that concerned the Marine Resources and Wildlife and Freshwater Fisheries divisions included a provision to tie the license increases to the Consumer Price Index in 2010.

“That would allow us to get small increases over time and not have to wait until these things went back through the Legislature,” Minton said. “We have not had a lot of adverse responses to the increase. I think with the programs we have now with the offshore and inshore reefs and increase in enforcement, I think people realize where the money is going.

“We get questions from time to time about where the money goes, whether it goes into the General Fund. It does not go into the General Fund. It goes directly to the Marine Resources budget, every penny of it. The outlet that sells the license will get the issuance fee, but we get the rest of it.”

Minton said the state’s artificial reef programs are obvious examples of where that money is going.

“Offshore, we put out about 400 reefs last year in conjunction with the Orange Beach World Championship Red Snapper Tournament and nearly 600 in the previous three years,” he said. “They (snapper tournament officials) put up $50,000 and we’re able to get $150,000 in federal matching funds to build the reefs. About 90 percent of those reef coordinates are published. We hold back a certain number to conduct research on, so we can monitor the fish. We’re working with the University of South Alabama to monitor those reefs. We’ve had some very, very positive observations on the new reefs. Several of the top fish at this year’s world championship came from reefs that had been placed through this program in previous years.

“Inshore, I think we’re up to about 15 sites. We’re finishing up some of the sites in the Perdido area. Those are being done in conjunction with the demolition at Gulf State Park. Several of these are large areas that will be wonderful fishing sites. We’ve probably had more positive feedback about the inshore reefs than anything else. We’ve created a new avenue for inshore guides, which provides an opportunity for people visit the area. We’re still hearing great reports about specks (spotted seatrout) and reds (red drum/redfish).”

For coordinates of the inshore reefs, visit http://www.outdooralabama.com/fishing/saltwater/where/artificial-reefs/inshore.cfm for details.

“We’ve also been able to hire an additional enforcement officer for Baldwin County, and we’re hoping to add another for Mobile County,” Minton said. “We’ve also been able to put into service some new offshore watercraft that helps us better ensure we’re getting compliance with the regulations.”

The other main aspect of the legislation was what Marine Resources officials dubbed as the “jurisdiction law.”

What the legislation does is basically draw a line down the middle of Mobile Bay out to the federal jurisdiction line of 200 miles. If the Marine Resources Division enforcement officers write a citation for a violation outside state waters, whether commercial or recreational, the case must go to federal court. The legislation will effectively direct the case to either the Baldwin County or Mobile County District Court, an advantage for the state and the violators.

“Right now, the federal court system is jammed up with this kind of stuff,” Minton said. “We’re seeing what the feds call minor offenses – a couple of fish over the limit or undersized fish – they weren’t ready to adjudicate that in federal court. This will allow us to write the citation and adjudicate it in district courts in the county.

“Most people don’t think a couple of fish over is a big deal, but when you consider there are millions of anglers, if everybody keeps a couple extra, all of a sudden you start to make an impact. This will help us and help get some of these fisheries that are overfished back into healthy states.”

 PHOTO: Anglers who catch fish in the Gulf of Mexico and make landfall in Alabama will be required to possess an Alabama saltwater fishing license unless they are aboard a properly licensed charter boat.

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