9-11-190
Section 9-11-190 Catching of nongame fish from public waters by use of wire baskets
- When, where and how permitted. The Commissioner of Conservation and Natural Resources is
hereby authorized and empowered to promulgate rules and regulations authorizing the taking,
catching or killing of nongame fish from the public waters of this state by the use of wire
baskets having a mesh of one inch or more; provided, however, that the Commissioner of Conservation
and Natural Resources shall only promulgate such a regulation upon the written petition of
all of the state representatives and state senators from the county or counties in which said
regulation or regulations shall be effective. Petitions from state representatives and state
senators as provided for above shall specify whether the wire baskets they desire shall have
a mesh of one inch or two inches. No regulation shall be promulgated allowing the use of wire
baskets in Lewis M. Smith reservoir on the Sipsey fork of the Warrior River...
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33-5-30
Section 33-5-30 Rules and regulations - Admissibility as evidence. All rules and regulations
duly promulgated under the provisions of this article by the Commissioner of Conservation
and Natural Resources shall be admitted as evidence in the courts of this state when accompanied
by an affidavit from the Commissioner of Conservation and Natural Resources certifying that
the rule or regulation has been lawfully adopted and promulgated and such affidavit shall
be prima facie evidence of proper adoption and promulgation of the rule or regulation. (Acts
1959, No. 576, p. 1442, §29.)...
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9-11-5
Section 9-11-5 Commissioner, wardens, etc., constituted peace officers. The Commissioner
of Conservation and Natural Resources, his wardens, agents and employees shall be and are
hereby constituted peace officers of the State of Alabama with full and unlimited police power
and jurisdiction to enforce the provisions of the game and fish laws and the rules and regulations
promulgated thereunder, and they may exercise such power in any county of the State of Alabama
or in or on any waters of the State of Alabama or within the territorial jurisdiction of the
state. (Acts 1935, No. 240, p. 632, §47; Code 1940, T. 8, §46.)...
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9-12-28
Section 9-12-28 Oysters management stations; harvest records. The Commissioner of Conservation
and Natural Resources may establish by rule oyster management stations to be used by persons
or boats harvesting or landing oysters taken from the public reefs or public water bottoms
of this state. The oyster management stations so established in conjunction with other locations
designated by the Director of the Marine Resources Division and approved in writing by the
commissioner shall be the only ports used by persons or boats landing such oysters in Alabama
by water and it is unlawful to so use any other port for landing oysters. When oyster management
stations are opened, all oyster catchers taking oysters from the public reefs shall be required
to check out and check in at a management station. The rule establishing oyster management
stations may also provide for the Marine Resources Division to require oyster harvest records.
A commercial oyster catcher shall record all information...
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9-2-15
Section 9-2-15 Advisory Board of Conservation and Natural Resources - Powers and duties.
The functions and duties of the Advisory Board of Conservation and Natural Resources shall
be as follows: (1) To assist in formulating the policies of the Department of Conservation
and Natural Resources in the performance of its functions and duties; (2) To examine all rules
and regulations made or promulgated by the Commissioner of Conservation and Natural Resources,
to recommend amendments or repeals thereof or additional rules or regulations and by a two-thirds
vote of those present at any meeting and with the approval of the Governor to amend or repeal
such rules and regulations or to make and promulgate additional rules or regulations; (3)
To advise with the Commissioner of Conservation and Natural Resources concerning any matter
relating to the functions and duties of the Department of Conservation and Natural Resources;
and (4) To assist in giving publicity to the wildlife and other natural...
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33-5-29
Section 33-5-29 Rules and regulations - Filing and publication. A copy of the regulations
adopted pursuant to this article, and of any amendments thereto, shall be filed in the office
of the secretary of state, and in the office of the Department of Conservation and Natural
Resources. Rules and regulations may be published by the commissioner in a convenient form.
The Commissioner of Conservation and Natural Resources shall cause to be publicized, by the
issuance of newspaper releases, new or amended or rescinded rules and regulations promulgated
by him. (Acts 1959, No. 576, p. 1442, §27.)...
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9-11-324
Section 9-11-324 Permits to possess wildlife for public exhibition purposes; contents
of applications for permits. (a) The Commissioner of Conservation and Natural Resources, upon
application of any person qualified by education or experience in the care and treatment of
wildlife, may issue an annual permit to such person at a cost of $25.00, under such terms
and conditions as he prescribes, to possess wildlife for public exhibition purposes in accordance
with this article and regulations adopted pursuant thereto. (b) Each application for a permit
shall include: (1) A statement regarding such person's education or experience in the care
and treatment of wildlife and that of any individual employed by such person for such purpose;
(2) A description of the facilities used to keep the wildlife in captivity; (3) A statement
of the number of species or subspecies of wildlife to be covered by the permit and a statement
relative to where or from whom such wildlife was acquired; (4) A signed...
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33-5-58
Section 33-5-58 Persons with physical disabilities or impairments; hearings. (a) Any
person with physical disabilities, a record of an impairment or regarded as having an impairment,
shall be subject to the same laws, rules, and regulations set forth by the Department of Public
Safety and the Department of Conservation and Natural Resources relating to the certification
of an individual to operate a vessel. (b) Notwithstanding any law, rule, or regulation, the
Department of Public Safety shall not refuse to issue or renew any certification for the operation
of a vessel on the grounds of physical appearance, speculations, or generalizations that the
individual's physical impairment would impede that person's ability to operate a vessel in
a safe manner without probable cause to believe the person's ability to operate a vessel in
a safe manner is in fact impaired. (c) If the department refuses to issue a certification
or arbitrarily questions the person's abilities, based on physical...
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33-5-73
Section 33-5-73 Operation of vessel in excess of speed zone prohibited. No person shall
under any circumstances operate a vessel on the waters of this state in excess of a speed
zone established by regulation of the Commissioner of Conservation and Natural Resources.
The commissioner may promulgate rules and regulations establishing speed zones, in areas on
the waters of this state as deemed hazardous by the commissioner. (Acts 1994, No. 94-652,
p. 1243, §27.)...
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41-9-293
Section 41-9-293 Management plan; rules and regulations. (a) The commission, in coordination
with the Department of Conservation and Natural Resources, shall develop and implement a management
plan for cultural resources. The commission may appoint an advisory committee to assist the
commission in the development and implementation of a management plan for cultural resources,
and to advise the commission with respect to needed rules or regulations. The commission,
in coordination with the Department of Conservation and Natural Resources, may promulgate,
in accordance with the state Administrative Procedure Act and in the best interest of the
state, any rule or regulation necessary to implement this division; provided however, that
the rules and regulations shall be subject to the approval of the director of the commission
and the Commissioner of Conservation and Natural Resources. The rules and regulations shall
have the force and effect of law. (b) These regulations shall include, but...
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