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9-11-391
Section 9-11-391 Definitions. Wherever used in this article, unless a different meaning clearly
appears in the context, the following terms shall be given the following respective meanings:
(1) COMMISSIONER. The Commissioner of the Department of Conservation and Natural Resources
of the State of Alabama. (2) DEPARTMENT. The Department of Conservation and Natural Resources
of the State of Alabama. (3) CONSERVATION and MANAGEMENT. The collection and application of
biological information for the purposes of increasing and maintaining the number of animals
within species and populations of marine mammals at the optimum carrying capacity of their
habitat. Such terms include the entire scope of activities that constitute a modern scientific
resources program, including, but not limited to, research, census law enforcement and habitat
acquisition and improvement. Also included within these terms, when and where appropriate,
is the periodic or total protection of species or populations as well...
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9-11-392
Section 9-11-392 Legislative findings and declaration of policy. The Legislature of Alabama
declares that: (1) Certain species and population stocks of marine mammals are, or may be,
in danger of extinction or depletion as a result of man's activities; (2) Such species and
population stocks should not be permitted to diminish beyond the point at which they cease
to be a significant functioning element in the ecosystem of which they are a part, and, consistent
with this major objective, they should not be permitted to diminish below their optimum sustainable
population. Further measures should be immediately taken to replenish any species or population
stock which has already diminished below that population. In particular, efforts should be
made to protect the rookeries, mating grounds and areas of similar significance for each species
of marine mammal from the adverse effect of man's actions; (3) There is inadequate knowledge
of the ecology and population dynamics of such marine...
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40-17-359
Section 40-17-359 Distribution and use of proceeds. (a) For the purpose of this section, the
following terms shall have the meanings ascribed below: (1) BASE ANNUAL COUNTY DISTRIBUTION.
Five hundred fifty thousand dollars ($550,000). (2) COST OF COLLECTION. The amounts from the
proceeds of the highway gasoline tax that may be appropriated by the Legislature to the department
for its operating expenses. (3) COUNTY. Each county in the state. (4) FISCAL YEAR. The fiscal
year of the state. (5) DEPARTMENT OF TRANSPORTATION. The Department of Transportation of the
state. (6) HIGHWAY GASOLINE TAX. Both of the following: a. The excise tax levied under subdivision
(1) of subsection (a) of Section 40-17-325, with the exception of those portions of the tax
levied on aviation fuel and marine gasoline. b. The excise tax levied by Sections 40-17-140
to 40-17-155, inclusive, except that portion of the tax imposed on diesel fuel. (7) LOCAL
SUBDIVISIONS' SHARES OF THE NET TAX PROCEEDS. The 55 percent...
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9-2-150
Section 9-2-150 Shellfish Aquaculture Review Board; oyster aquaculture leasing program. (a)
For purposes of this section, the following words shall have the following meanings: (1) BOARD.
The Shellfish Aquaculture Review Board. (2) DEPARTMENT. The Department of Conservation and
Natural Resources. (3) OYSTER AQUACULTURE. The cultivation and harvesting of hatchery-spawned
oysters for commercial purposes. (b) There is created the Shellfish Aquaculture Review Board,
which shall be responsible for developing a shellfish aquaculture policy and implementing
a sustainable program for leasing land in the coastal waters of Alabama for oyster aquaculture.
For administrative purposes, the board shall be an administrative unit within the department.
(c) The board shall consist of the following members: (1) The Commissioner of the Alabama
Department of Conservation and Natural Resources or his or her designee. (2) The Commissioner
of the Alabama Department of Agriculture and Industries or his or her...
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40-23-4
sales of materials, equipment, and machinery that, at any time, enter into and become a component
part of ships, vessels, towing vessels or barges, or drilling ships, rigs or barges, or seismic
or geophysical vessels, other watercraft and commercial fishing vessels of over five tons
load displacement as registered with the U.S. Coast Guard and licensed by the State of Alabama
Department of Conservation and Natural Resources. Additionally, the gross proceeds from the
sale or sales of lifeboats, personal flotation devices, ring life buoys, survival craft
equipment, distress signals, EPIRB's, fire extinguishers, injury placards, waste management
plans and logs, marine sanitation devices, navigation rulebooks, navigation lights, sound
signals, navigation day shapes, oil placard cards, garbage placards, FCC SSL, stability instructions,
first aid equipment, compasses, anchor and radar reflectors, general alarm systems, bilge
pumps, piping, and discharge and electronic position fixing...
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9-18A-1
under this compact any and all donations and grants of money, equipment, supplies, materials
and services (conditional or otherwise) from any state or the United States or any subdivision
or agency thereof, or interstate agency, or from any institution, person, firm or corporation,
and may receive, utilize and dispose of the same. "(i) The board may establish and maintain
such facilities as may be necessary for the transacting of its business. The board may acquire,
hold and convey real and personal property and any interest therein. "(j) The
board shall adopt bylaws, rules and regulations in convenient form, and shall also file a
copy of any amendment thereto, with the appropriate agency or officer in each of the party
states. "(k) The board annually shall make to the governor of each party state, a report
covering the activities of the board for the preceding year, and embodying such recommendations
as may have been adopted by the board, which report shall be transmitted to the...
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33-6A-1
Section 33-6A-1 Definitions. For the purpose of this chapter, the following terms shall have
the following meanings, unless the context clearly indicates otherwise: (1) DEPARTMENT. The
state Department of Conservation and Natural Resources. (2) DISCHARGE. Includes, but is not
limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping in state
waters. (3) MARINA. Any entity required to have a business license which is located on any
waters of this state and which moors, docks, stores, or anchors vessels for periods of seven
consecutive calendar days or longer for a fee. (4) MARINE SANITATION DEVICE. Any equipment
for installation on board a vessel, or a floating or over-the-water residence, which is designated
to receive, retain, treat, or discharge sewage, and any process to treat such sewage except
that marine sanitation device shall not be interpreted to include portable toilets of any
type. (5) RECREATIONAL VESSEL. Every description of watercraft or other...
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9-12-113
were found or when the operator of the device has not been determined after a period of 30
days, the device or items shall be forfeited to the Department of Conservation and Natural
Resources which shall destroy or otherwise dispose of the device or items as it shall deem
advisable or in lieu of forfeiture, the court may impose additional fines. (i) All game fish
taken by nets or seines under this law shall be immediately returned to the waters where they
were taken with the least possible injury to the fish. Possession of game fish in violation
of this subsection will be considered as using a net or seine in an illegal manner. Saltwater
game fish are defined as follows: Spotted Seatrout (Cynoscion nebulosus); Red Drum (Sciaenops
ocellata); Tarpon (Megalops atlanticus); and those species designated by regulation of the
Department of Conservation and Natural Resources. The department shall by regulation to the
extent possible establish a tagging system to regulate importation or sale...
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9-12-54.4
Section 9-12-54.4 Catching, etc., of bait; restrictions. Licensed live saltwater bait catcher
boats may, except as otherwise provided by law or regulation, take or catch, or attempt to
take or catch, bait shrimp of any size and other saltwater species of bait in waters of the
state under the jurisdiction of the Marine Resources Division as defined by rule of the Department
of Conservation and Natural Resources not permanently closed to shrimping. Licensed live saltwater
bait catchers may take or catch, or attempt to take or catch, live saltwater bait from 4:00
o'clock a.m. until 10:00 o'clock p.m. in areas temporarily closed to commercial shrimping,
except as otherwise provided by law or regulation. In an area temporarily closed to commercial
shrimping or in an area designated as an exclusive bait area, live saltwater bait may not
be taken with any seine or trawl having a width greater than 16 feet as measured at the cork
line or main top line. Lengths and widths of leadlines or...
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9-11-56.3
Section 9-11-56.3 Public fishing pier license; saltwater pier fishing license; fees. (a) A
person, firm, or corporation that operates a fishing pier open to the general public in the
inside waters of the State of Alabama as defined by Rule 220-3-.04 of the Alabama Department
of Conservation and Natural Resources, may purchase a public fishing pier license to be issued
by the Marine Resources Division of the Department of Conservation and Natural Resources.
The fee for a public fishing pier license shall be one thousand dollars ($1,000) per year,
which fee shall be subject to adjustment as provided for in Section 9-11-69. Any law or regulation
to the contrary notwithstanding, a resident of the State of Alabama may fish from a licensed
public fishing pier in the inside waters of the State of Alabama without purchasing a fishing
license. A licensed public fishing pier shall be open to the general public. This section
shall not be construed to prohibit the operator of a licensed public...
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