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9-12-234
Section 9-12-234 Marine Resources Restoration Fund. (a) There is created in the State
Treasury the Marine Resources Restoration Fund which shall receive funds from the additional
surcharge on resident and nonresident saltwater fishing licenses levied pursuant to Section
9-12-233. In addition, the fund shall receive any state, federal, local, or private funds
that may be legally applied toward economic relief of saltwater commercial gill net fishermen.
(b) The fund is continuously appropriated to the Department of Conservation and Natural Resources
for the purpose of implementing the programs established in Section 9-12-232 and as
otherwise provided in subsection (d). The department may not use any of the monies in the
fund for administrative expenses. (c) All interest and earnings derived from the monies in
the fund shall remain in the fund. Any unexpended monies remaining in the fund at the end
of the fiscal year shall remain in the fund and shall remain available for expenditure by...
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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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9-12-67
Section 9-12-67 Sacking and tagging oysters; penalties. (a) All oysters taken from public
oyster bottoms of the State of Alabama for commercial purposes shall be sacked or placed in
containers, in accordance with the most current National Shellfish Sanitation Program Guide
for the Control of Molluscan Shellfish, as adopted by the state Department of Public Health,
containing not more than one-quarter Alabama barrel of oysters. Sacks or containers with oysters
shall be tagged and identified in accordance with the requirements of the most current National
Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, as adopted by the
state Department of Public Health, prior to leaving the harvest location or oyster management
station. The tag shall remain attached to each sack or container until it is emptied or retagged
with a certified dealer tag. Sacks or containers shall not be emptied in any proportion prior
to reaching the destination where the oysters shall be opened,...
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22-27-45
Section 22-27-45 State Solid Waste Management Plan. The Director of the Alabama Department
of Environmental Management, with the advice and consultation of the Solid Waste Management
Advisory Committee, is directed to prepare a State Solid Waste Management Plan. In developing
the state plan, the department will seek to achieve the following goals: (1) That solid waste
facilities and management systems are provided for in an orderly manner consistent with the
needs and plans of the state and its regions and local governments; (2) That alternative methods
of solid waste management are encouraged as a means of reducing the state's dependence on
landfilling; (3) That all aspects of local, regional and state planning, zoning, population
estimates, and economics are taken into consideration; and (4) That appropriate time schedules
are set for the phasing in of the required component parts of the system. Said plan shall
be developed in two phases: a. The first phase of the plan shall be...
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33-5-3
Section 33-5-3 Definitions. As used in this article, the following terms shall have
the meanings respectively ascribed to them in this section, unless the context clearly
requires a different meaning: (1) VESSEL. Every description of watercraft, other than a seaplane,
capable of being used as a means of transportation on the water, but such term shall not include
vessels 12 feet in length or less when used solely on farm ponds of less than 50 acres in
size. (2) WATERS OF THIS STATE. Any waters within the territorial limits of this state and
the marginal sea adjacent to this state and the high seas when navigated as a part of a journey
or ride to and from the shore of this state; provided, however, that "waters of this
state" shall not be interpreted to mean any private pond which is not used for boat rentals
or the charging of fees for fishing therein. (3) OWNER. A person, other than a lienholder,
having the property in or title to a vessel. The term includes a person entitled to the...
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33-5-70
Section 33-5-70 Reckless operation of vehicle; careless operation; violation of rules
and regulations of Marine Police; penalties. (a) It is unlawful to operate a vessel in a reckless
manner upon the waters of this state. A person is guilty of the reckless operation of a vessel
who operates any vessel, or manipulates any water skis, aquaplane, or other marine transportation
device, upon the waters of this state in willful or wanton disregard for the safety of persons
or property at a speed, or in a manner to endanger, or likely to endanger, life, limb, or
damage the property of, or injure any person. Any person who violates this subsection is guilty
of a Class A misdemeanor, punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12.
Any person so convicted shall be fined not less than one hundred fifty dollars ($150).
(b) Any person operating a vessel upon the waters of this state shall operate the vessel in
a reasonable and prudent manner, so as not to endanger...
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36-15-1
Section 36-15-1 Duties generally. The Attorney General shall keep his or her office
at the capital city and perform the following duties: (1)a. He or she shall give his or her
opinion in writing, or otherwise, on any question of law connected with the interests of the
state or with the duties of any of the departments, when required by the Governor, Secretary
of State, Auditor, Treasurer, Superintendent of Education, Commissioner of Agriculture and
Industries, Director of Finance, Comptroller, State Health Officer, Public Service Commissioners,
Commissioner of Conservation and Natural Resources, or the Commissioner of the Department
of Revenue or any other officer or department of the state when it is made, by law, his or
her duty so to do, and he or she shall also give his or her opinion to the Chairman of the
Judiciary Committee of either house, when required, upon any matter under the consideration
of the committee. b. The Attorney General shall give his or her opinion, in writing...
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40-23-2
Section 40-23-2 Tax levied on gross receipts; certain sales exempt; disposition of funds.
There is levied, in addition to all other taxes of every kind now imposed by law, and shall
be collected as herein provided, a privilege or license tax against the person on account
of the business activities and in the amount to be determined by the application of rates
against gross sales, or gross receipts, as the case may be, as follows: (1) Upon every person,
firm, or corporation, (including the State of Alabama and its Alcoholic Beverage Control Board
in the sale of alcoholic beverages of all kinds, the University of Alabama, Auburn University,
and all other institutions of higher learning in the state, whether the institutions be denominational,
state, county, or municipal institutions, any association or other agency or instrumentality
of the institutions) engaged or continuing within this state, in the business of selling at
retail any tangible personal property whatsoever, including...
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40-23-35
Section 40-23-35 Disposition of revenues from tax. (a) Such amount of money as shall
be appropriated for each fiscal year by the Legislature to the Department of Revenue with
which to pay the salaries, the cost of operation and management of the department shall be
deducted, as a first charge thereon, from the taxes collected under the provisions of this
division; provided, that the expenditure of the sum so appropriated shall be budgeted and
allotted pursuant to Article 4 of Chapter 4 of Title 41, and limited to the amount appropriated
to defray the expenses of operating the department for each fiscal year. After the payment
of the expenses, so much of the amount remaining as may be necessary, after first applying
all sums of money received by reason of the application of the surplus in the income tax as
provided by Section 40-18-58, for the replacement in the public school fund of the
three-mill constitutional levy for schools and in the General Fund of the one-mill levy for...
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45-11-244.03
Section 45-11-244.03 Authorization of levy of use tax. (a) The governing body of the
county is hereby authorized to levy and impose excise taxes on the storage, use, or other
consumption of property in the county as hereinafter provided in this section: (1)
On the storage, use, or other consumption in the county of tangible personal property, not
including, however, materials and supplies bought for use in fulfilling a contract for the
painting, repairing, or reconditioning of vessels, barges, ships, other watercraft and commercial
fishing vessels of over five tons load displacement as registered with the United States Coast
Guard and licensed by the State of Alabama Department of Conservation and Natural Resources,
purchased at retail on or after the effective date of such tax, for storage, use, or other
consumption in the county at the rate of one percent of the sales price of such property or
the amount of tax collected by the seller, whichever is greater, except as provided in...
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