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9-2-89
Section 9-2-89 Seafoods Fund - Disbursement. The said Seafoods Fund hereby created shall be
used and expended by the Commissioner of Conservation and Natural Resources in furtherance
of the preservation, protection, propagation and development of saltwater fish, shrimp, oysters
and other shellfish and crustaceans and the development of the seafoods industry and saltwater
sports fishing. The appropriation provided for by Section 9-12-183 shall be paid out of said
fund. The Commissioner of Conservation and Natural Resources may also make expenditures out
of such fund for any additions and betterments which the Commissioner of Conservation and
Natural Resources, with the approval of the Governor, deems beneficial to the area. When so
expended, the same shall be paid out on the requisition of the Commissioner of Conservation
and Natural Resources and charged to said fund. All necessary expenses of the Division of
Marine Resources of the Department of Conservation and Natural Resources,...
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9-12-46
Section 9-12-46 Minimum weight of shrimp taken, etc., for commercial purposes; possession,
sale, etc., of nonconforming shrimp. (a) The Commissioner of Conservation and Natural Resources
shall set by rule areas that are closed for commercial and recreational shrimping subject
to the restrictions provided in subsection (b). (b)(1) All inside waters, as defined by rules
adopted by the Commissioner of the Department of Conservation and Natural Resources, shall
be closed to all commercial and recreational shrimping from 6:00 a.m., May 1, to 6:00 a.m.,
June 1 of each year. (2) The portion of Mobile Bay that lies within the described area from
Mayday Park to Great Point Clear, as defined by rule, shall be closed to commercial and recreational
shrimping from 6:00 a.m., August 15, until 6:00 a.m. October 1 of each year. (c) The commissioner
may provide for emergency open or closed seasons for the taking of shrimp due to biological,
technical, or environmental factors or for the protection of...
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9-12-54.6
Section 9-12-54.6 Exclusive saltwater bait areas. All rivers, bayous, and creeks of the state
are permanently closed to the taking of saltwater shrimp for any purpose. Wolf Bay, that area
encompassing the water within the boundary from the south shore of Wolf Bay northward to Beacon
#86 on the north side of the Gulf Intracoastal Waterway then westward along the north side
of the Gulf Intracoastal Waterway to Beacon #94 then south across the Gulf Intracoastal Waterway
to the south shore of Wolf Bay; Oyster Bay, that area encompassing the waters of Oyster Bay
except those waters north of the Gulf Intracoastal Waterway; that area encompassing those
waters in the mouth of the Blakely River between the I-10 bridge and the Highway 90 (old causeway)
bridge; Terry Cove (Baldwin County); Arlington Channel; East Fowl River from Beacon 5 and
6 to the mouth of the river; Bayou La Batre Channel from Bayou La Batre Channel B.C. Beacon
to the mouth of Bayou La Batre; and Dauphin Island Bay (Mobile...
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9-12-115
Section 9-12-115 Reports of seafood dealers. Each and every person, firm, or corporation holding
a seafood dealer's license issued by the Commissioner of Conservation and Natural Resources
or his or her authorized agent shall under oath make a monthly report to the Director of the
Marine Resources Division of the Department of Conservation and Natural Resources on blanks
provided for that purpose by the director, which report shall show in detail the weight in
pounds of each species of fish purchased from commercial fishermen during the preceding month.
The reports required by this section shall be in the hands of the director by the tenth day
of each month for the immediately previous month, and willful failure or refusal to make the
report by the required date or upon notification by the director that the report has not been
received or the filing of a false report shall be deemed a violation of this section, and
the Commissioner of Conservation and Natural Resources shall have the...
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9-12-63
Section 9-12-63 Use of unlicensed boats, etc., to take, etc., oysters or shrimp. It shall be
unlawful for any person, firm, corporation or association to take or catch or attempt to take
or catch any oysters or shrimp by the use of any boat, barge or watercraft which has not been
duly licensed by the Department of Conservation and Natural Resources. (Acts 1936-37, Ex.
Sess., No. 169, p. 192, §36; Code 1940, T. 8, §151.)...
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9-12-62
Section 9-12-62 Mutilation, etc., of buoys or markers. It shall be unlawful for any person,
firm, corporation or association, by himself or itself or through his or its agent, to mutilate,
destroy or remove any buoy or other marker placed, set or stationed by the Department of Conservation
and Natural Resources or its duly authorized agent or stationed by any lessee of oyster bottoms
or other person authorized to place, set or station any buoy or other marker on the public
reefs, beds and bottoms of the State of Alabama. (Acts 1936-37, Ex. Sess., No. 169, p. 192,
§ 35; Code 1940, T. 8, §150.)...
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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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9-12-54
Section 9-12-54 Payment of taxes. All taxes mentioned in this article shall be paid by the
persons, firms or corporations, commonly known as dealers, factories or shippers, first marketing
the oysters, shrimp, terrapins, turtles or other seafood products, and any person who has
purchased same from a dealer, factory, shipper or any other person who has paid the tax thereon
shall not be taxed again. Said taxes shall be paid to the Director, Marine Resources Division
of the Department of Conservation and Natural Resources or any other officers of the Department
of Conservation and Natural Resources charged with enforcing the provisions of this article.
Unless otherwise provided by law, all taxes, licenses and fines collected under this article
shall be forwarded on the first of the following month to the Treasurer to be placed to the
credit of the Seafoods Fund. (Acts 1923, No. 504, p. 672, § 5; Code 1923, § 2770; Acts 1931,
No. 361, p. 424, § 11; Code 1940, T. 8, § 128.)...
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9-14E-1
Section 9-14E-1 Definitions. The following terms as used in this section shall have the following
meanings: (1) DEPARTMENT. The Department of Conservation and Natural Resources. (2) GOVERNOR.
The Governor of the State of Alabama. (3) GROUND LEASE. A lease of the project site which
shall provide for the rights and responsibilities of the state and any other person which
is a party thereto. (4) GULF STATE PARK. The real property comprising approximately 6,150
acres, and any future additions thereto, including facilities and fixtures located thereon
and appurtenances thereto, owned and managed by the state and the department in south Baldwin
County, Alabama. (5) GULF STATE PARK PROJECT COMMITTEE. The committee established pursuant
to subsection (d) of Section 9-14E-5. (6) PARTY TO AN EXECUTED PROJECT AGREEMENT. The state
or any person who is a party to and is obligated to the state under a project agreement, or
any part thereof. (7) PERSON. Any private person or any public person. (8)...
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9-12-54.7
Section 9-12-54.7 Penalty for violations. Violation of any of the provisions of Sections 9-12-54.1
through 9-12-54.6, inclusive, or any regulation promulgated pursuant to Sections 9-12-54.1
through 9-12-54.6, inclusive, by any person or persons shall be an offense against the State
of Alabama, and violators shall, upon conviction, be fined not less than two hundred fifty
dollars ($250) nor more than five hundred dollars ($500) for the first offense. For a subsequent
offense occurring within 36 months of the first offense, the violator shall, upon conviction,
be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000)
and the live saltwater bait dealer's license privileges shall be suspended by the Department
of Conservation and Natural Resources for six months. (Acts 1981, No. 81-853, p. 1531, §7;
Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1.)...
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