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9-2-12
Section 9-2-12 Commissioner of Conservation and Natural Resources - Promulgation of rules and
regulations for department. The Commissioner of Conservation and Natural Resources shall have
and exercise all rule-making powers of any division of the Department of Conservation and
Natural Resources subject to the provisions of Section 9-2-15. The Commissioner of Conservation
and Natural Resources shall have power and authority to establish and promulgate rules and
regulations, including amendments and repeals thereof, with respect to the manner of performance
of all functions and duties of the Department of Conservation and Natural Resources, which
rules and regulations shall be reasonably calculated to effect the expeditious and efficient
performance of such functions and duties and shall not be in conflict with applicable statutes.
The rule-making power of the Commissioner of Conservation and Natural Resources shall not
be delegated, except as otherwise expressly provided. (Acts 1939,...
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33-5-5
Section 33-5-5 Division of Marine Police - Marine police officers, etc., to have powers of
peace officers. In addition to all other power heretofore granted by law, marine police officers
and all other Department of Conservation and Natural Resources enforcement officers shall
have the power of peace officers in this state and may exercise such powers anywhere within
the state. (Acts 1971, No. 905, p. 1669, ยง2.)...
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9-2-85
Section 9-2-85 Duties of employees of division generally; seizure, etc., of seafoods illegally
taken, etc. The employees of the Division of Marine Resources shall diligently enforce all
laws and regulations of the Department of Conservation and Natural Resources now existing
or which may hereafter be enacted or promulgated for the protection, propagation, preservation
or conservation of the seafoods of the State of Alabama and shall prosecute all persons who
violate any of such laws or regulations. Such employees shall, at any and all times, seize
any and all oysters, saltwater fish or other seafoods which have been caught, taken or transported
in a manner contrary to the laws or regulations based thereupon of this state. All seafood
which is seized by such employees shall be held as evidence and used in the trial of the violation
for which it was seized. After the trial of such violation, the seafood which has been so
seized shall be disposed of by order of the court in which the case...
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33-5-10
Section 33-5-10 Certificates of registration and numbers generally - By whom issued; issuance;
fees; disposition of funds. (a) The Department of Conservation and Natural Resources will
issue annual certificates of registration directly and shall authorize all probate judges
in the state or any other official in the state who is presently authorized to issue automobile
license plates to issue annual certificates of registration and numbers in connection therewith.
In conformity with this article and any rules and regulations which may be validly issued
by the Department of Conservation and Natural Resources, the Department of Conservation and
Natural Resources shall assign to each issuing officer in the county a block of numbers and
certificates therefor which upon issue the issuing officer shall be allowed a fee of two dollars
($2) for each certificate issued by him or her. In counties where the probate judge or issuing
officer is on the fee system, the issuing fee shall be retained by...
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9-2-14
Section 9-2-14 Advisory Board of Conservation and Natural Resources - Created; composition;
qualifications, appointment, terms of office, and compensation of members; residency requirements;
meetings; record of meetings and proceedings; transitional members. (a) There shall be an
Advisory Board of Conservation and Natural Resources. The board shall consist of the Governor,
the Commissioner of Agriculture and Industries, the Director of the Agricultural Extension
System ex officio, and 10 other members to be appointed by the Governor, one of whom the Governor
shall designate as chair of the Advisory Board of Conservation and Natural Resources. The
appointed members of the board shall be selected with special reference to training and experience
along one or more of the principal lines of activity vested in the Department of Conservation
and Natural Resources. The term of office of each appointed member of the board shall be six
years. Of members first appointed, however, two members...
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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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9-12-21
Section 9-12-21 "Natural oyster reef" defined. A natural oyster reef is declared
and defined as not less than one acre in continuous area of any bottoms of any bay, sound,
bayou, creek, inlet or any other body of salt or brackish water on which oysters grow naturally,
or have grown naturally, in quantity sufficient to warrant fishing for them with hand tongs
as a means of a livelihood within a period of five years next preceding the time at which
said matter may be presented for consideration and determination by the Director, Marine Resources
Division of the Department of Conservation and Natural Resources. But in no case shall an
oyster bed be declared or defined to be a natural oyster reef when such bed is located within
the limits where the owners of land fronting on such waters where oysters may be grown have
the right to create and have created, by artificial means such as planting oysters or oyster
shells or by any other means, culture grounds for the growth of oysters and have...
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41-27-6
Section 41-27-6 Appointment of the Director of the Department of Public Safety; functions of
department; Highway Patrol Division; Marine Police Division. (a)(1) The Director of the Department
of Public Safety shall be appointed by the Secretary of the Alabama State Law Enforcement
Agency, after consultation with the Governor, and shall hold office at the pleasure of the
secretary. The director shall be appointed from a legacy agency as defined in Section 41-27-7.
The salary of the director shall be set by the secretary, and shall not be subject to Section
36-6-6. A person appointed director shall have an extensive law enforcement background and,
by virtue of office, is a state law enforcement officer with the immunity set forth in Section
6-5-338. (2) The director shall have overall supervision and management of functions transferred
to the department pursuant to this section, subject to the approval of the secretary, including
the power to change the working title of any position or...
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9-2-103
Section 9-2-103 Powers and duties of director generally; state forests, monuments, etc., excepted
from jurisdiction of director. (a) The objects, purposes and duties of the Director of the
Division of Parks are: (1) To make exploration, survey, studies and reports concerning state
parks, monuments and historical sites in the state and to publish such thereof as will be
of general interest; and (2) To perform all functions and duties of the Department of Conservation
and Natural Resources with respect to state parks, monuments and historical sites including
the marking, upkeep and publicizing of historical sites heretofore or hereafter designated
by the Department of Archives and History. (b) The inclusion of specific duties of the Director
of the Division of Parks in this title shall not be deemed an exclusion of or limitation upon
his general duties to effectuate and accomplish the purposes generally set out in this title.
(c) There are excepted from the duties of the Director 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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