§ 50-13-1630 — Importing, possessing, or selling certain fish unlawful; special permits for research; Department to issue rules and regulations; penalties.

(A) A person may not possess, sell, offer for sale, import, bring, cause to be brought or imported into this State, or release in this State the following species at any stage of its life cycle: (1) carnero or candiru catfish (Vandellia cirrhosa); (2) freshwater electric eel (Electrophorus electricus); (3) white amur or grass carp (Ctenopharyngodon idella); (4) walking catfish or a member of the clariidae family (Clarias, Heteropneustea, Gymnallabes, Channallabes, or Heterobranchus genera); (5) piranha (all members of Serrasalmus, Rooseveltiella, and Pygocentrus genera); (6) stickleback; (7) Mexican banded tetra; (8) sea lamprey; (9) rudd (Scardinius erythrophtalmu-Linneaus); (10) snakehead (all members of family Channidae); (11) rusty crayfish (Orconectes rusticus); and (12) other nonindigenous species not established, except by permit, exclusive of the recognized pet trade species. (B) The department may issue special import permits to qualified persons for research and education only. (C)(1) The department may issue permits for the release or the stocking of sterile white amur, grass carp, or grass carp hybrids in this State. The permits must certify that the permittee's white amur, grass carp, or grass carp hybrids have been tested and determined to be sterile. The department may charge a testing fee of one dollar for each white amur, grass carp, or grass carp hybrid that measures five inches or longer or twenty-five cents for each white amur, grass carp, or grass carp hybrid that measures less than five inches. The fee collected for sterility testing must be retained by the department and used to offset the costs of the testing. (2) The department is authorized to promulgate regulations to establish a fee schedule to replace the fee schedule contained in item (1) of this subsection. Upon these regulations taking effect, the fee schedule contained in item (1) of this subsection no longer applies. (D) The department may issue permits for the importation, breeding, and possession of nonsterile white amur, grass carp, or grass carp hybrids. The permits must be issued pursuant to the provisions of the Aquaculture Enabling Act in Article 2, Chapter 18 of this title. Provided, however, that no white amur, grass carp, or grass carp hybrids imported, bred, or possessed pursuant to this subsection may be stocked in this State except as provided in subsection (C) of this section. (E) It is unlawful to take, harm, or kill grass carp from public waters. Any grass carp taken must be returned immediately to the water from which it was taken. (F) The department shall prescribe the qualifications, methods, controls, and restrictions required of a person or his agent to whom a permit is issued. The department shall condition all permits issued under this section to safeguard public safety and welfare and to prevent the introduction into the wild or release of nonnative species of fish or other organisms into this State. The department may promulgate regulations necessary to effectuate this section and specifically to prohibit additional species of fish from being imported, possessed, or sold in this State when the department determines the species of fish are potentially dangerous. A violation of the terms of the permit may result in revocation and a civil penalty of up to five thousand dollars. An appeal is pursuant to the provisions of Article 3, Chapter 23, Title 1 (the Administrative Procedures Act). (G) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred nor more than two thousand five hundred dollars or imprisoned for thirty days, or both.

Legislative History

HISTORY: 1962 Code SECTION 28-704; 1970 (56) 1999; 1973 (58) 403; 1984 Act No. 365, SECTION 1; 1988 Act No. 481, SECTION 1; 1990 Act No. 462, SECTION 1; 1993 Act No. 54, SECTION 1; 1993 Act No. 181, SECTION 1263; 2001 Act No. 42, SECTION 1; 2003 Act No. 15, SECTION 1; 2008 Act No. 301, SECTION 1, eff June 11, 2008; 2012 Act No. 114, SECTION 5, eff July 1, 2012; 2016 Act No. 169 (S.780), SECTIONS 1, 2, eff May 12, 2016. Effect of Amendment The 2008 amendment, in subsection (C), designated paragraph (1) and in the first sentence substituted "sterile" for "nonreproducing" and added the second to fourth sentences and paragraph (2); added subsection (D); and redesignated subsections (D) and (E) as subsections (E) and (F). The 2012 amendment, in subsection (A), substituted "anywhere in" for "into the waters of", and "species at any stage of its life cycle" for "fish or eggs of the fish"; added subsections (A)(11) and (A)(12); in subsection (C)(1) substituted "permits" for "special permits"; rewrote subsections (D), (E) and (F); added subsection (G); and made other nonsubstantive changes. 2016 Act No. 169, SECTIONS 1, 2, in (A), deleted "or" before "cause to be brought", added a comma following "into this State" and deleted "anywhere" before "in this State"; in (C), substituted "the release or the stocking of" for "stocking" in the first sentence, inserted "testing" before "fee" in the third sentence; in (C) and (D), inserted "grass carp" throughout; and in (F), substituted "to prevent" for "prevent", and "into this State" for "into the waters of this State" in the second sentence, and substituted "Article 3" for "Article 2" in the last sentence.