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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9-12-42
Section 9-12-42 Duty to replant oysters and oyster shells on public reefs; option to pay replanting
costs, etc.; penalties. (a) The Marine Resources Division may establish by rule a shell fee
to be used for the replanting of oyster cultch material on the public reefs of this state
or for otherwise managing the oyster resources of this state. This fee shall be charged on
a per sack basis to all seafood dealers who are purchasing oysters directly from the harvester.
The fee shall be calculated and paid quarterly. The payment is due no later than one month
after the end of the previous quarter. (b) The division shall establish an Oyster Management
Fund and all monies paid to the department pursuant to the shell fee shall be deposited in
this fund. The monies in this Oyster Management Fund shall be used by the division to replant
cultch material on the public reefs of this state, to cultivate the public reefs of this state,
or to otherwise manage the oyster resources of this state. (c)...
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9-12-9
Section 9-12-9 Endorsement or stamp required to harvest specific species and species groups
of marine resources; fees. (a) The Commissioner of the Department of Conservation and Natural
Resources may require the possession of an endorsement or stamp in order to harvest or attempt
to harvest specific species or species groups of marine resources. The commissioner shall
establish the requirements and any associated fees for an endorsement or stamp by rule. All
fees derived from endorsements or stamps issued pursuant to this section shall be deposited
in the Marine Resources Fund and shall only be used for the management and development of
the species or species group for which an endorsement or stamp was issued. Any endorsement
or stamp required pursuant to this section and any associated fees shall be in addition to
any other license or fee otherwise required by law. (b) For purposes of this section, the
term marine resources means those resources subject to the jurisdiction of the...
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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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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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35-2-24
Section 35-2-24 Functions, duties, and responsibilities of Commissioner of Conservation and
Natural Resources acting through chief of division. The Commissioner of Conservation and Natural
Resources, acting by and through the chief of the division of land surveys, is hereby vested
with the following functions, duties, and responsibilities: (1) To restore, maintain and preserve
the land survey monuments, section corners, and quarter section corners established by the
United States public land survey within Alabama, together with all pertinent field notes,
plats, and documents; and also to restore, establish, maintain, and preserve other boundary
markers considered by the division to be of importance or otherwise established by law; (2)
To design and cause to be placed at established public land survey corner sites, where practical,
substantial monuments permanently indicating, with words and figures, the exact location involved.
If such monuments cannot be placed at the exact corner...
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33-18-1
of the ACT Basin, and to share this information among the commission members and with others;
(10) To cooperate with appropriate state, federal, and local agencies or any other person
in the development, ownership, sponsorship, and operation of water resource facilities in
the ACT Basin; provided, however, that the commission shall not own or operate a federally-owned
water resource facility unless authorized by the United States Congress; (11) To acquire,
receive, hold and convey such personal and real property as may be necessary for the
performance of its duties under the compact; provided, however, that nothing in this compact
shall be construed as granting the ACT Basin Commission authority to issue bonds or to exercise
any right of eminent domain or power of condemnation; (12) To establish and modify an allocation
formula for apportioning the surface waters of the ACT Basin among the States of Alabama and
Georgia; and (13) To perform all functions required of it by this...
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33-19-1
of the ACF Basin, and to share this information among the commission members and with others;
(10) To cooperate with appropriate state, federal, and local agencies or any other person
in the development, ownership, sponsorship, and operation of water resource facilities in
the ACF Basin; provided, however, that the commission shall not own or operate a federally-owned
water resource facility unless authorized by the United States Congress; (11) To acquire,
receive, hold and convey such personal and real property as may be necessary for the
performance of its duties under the compact; provided, however, that nothing in this compact
shall be construed as granting the ACF Basin Commission authority to issue bonds or to exercise
any right of eminent domain or power of condemnation; (12) To establish and modify an allocation
formula for apportioning the surface waters of the ACF Basin among the States of Alabama,
Florida and Georgia; and (13) To perform all functions required of it by...
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9-11-300
Section 9-11-300 Establishment. The Department of Conservation and Natural Resources, through
the Commissioner of Conservation and Natural Resources, is hereby authorized and directed
to establish by proclamation such wildlife management areas as may be in the public interest
and to enter into agreements with the United States Forest Service, the United States Bureau
of Biological Survey, the Tennessee Valley Authority or other owners, lessees or administrators
of such lands as may be necessary and suitable for the purpose of establishing wildlife management
areas. Such agreements shall provide for the fixing and demarcation of the boundaries of said
area or areas, define the responsibilities of the Department of Conservation and Natural Resources
and the cooperating party or parties for restocking of wildlife species, the planting and
cultivation of game and fish foods, the protection of such areas from predatory animals and
unauthorized hunting or fishing and any other work necessary...
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9-12-33
Section 9-12-33 Culling and sacking of oysters. (a) All oysters taken from the public reefs
of this state shall be culled and sacked, and each sack tagged and identified in accordance
with the requirements of the rules of the state Department of Public Health, prior to leaving
the public reefs or water bottoms where taken or oyster management stations, and all oysters
which measure less than three inches in length and all cultch material shall be immediately
replaced by scattering and broadcasting upon the public reefs or water bottoms from which
they have been taken. It shall be unlawful for any captain or person in charge of any vessel
or any canner, packer, commission man, dealer, or other person to purchase, sell, or have
in his or her possession or under his or her control any oysters off the public reefs or water
bottoms not culled according to this section, or any oysters from the reefs or water bottoms
under the legal size. Any excess of over five percent of cultch material and...
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