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9-12-150
Section 9-12-150 Artificial reef construction permit; transportation, inspection, etc., of
reef materials; bond; penalties. (a) Before any person, firm, corporation, or association
constructs or attempts to construct an artificial fishing reef in the coastal waters of the
State of Alabama as defined by Section 9-7-10, or waters approved by the U.S. Army Corps of
Engineers adjacent to or which may affect the coastal area of Alabama as defined by Section
9-7-10, and transports or attempts to transport material from which artificial reefs may be
constructed through the waters of this state, the person, firm, corporation, or association
shall have the material inspected and approved by and shall obtain a permit from the Alabama
Department of Conservation and Natural Resources, Marine Resources Division, or any agency
designated in the future by the division, the cost of which shall be twenty-five dollars ($25)
per reef and shall be credited to the Marine Resources Fund. Materials are...
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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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9-16-121
Section 9-16-121 Definitions. For the purpose of this article the following terms shall have
the following meanings unless the context clearly indicates otherwise: (1) ABANDONED MINE
LANDS. Lands affected by the mining of coal prior to November 5, 1990, and left in either
an unreclaimed or inadequately reclaimed condition, and for which there is no continuing reclamation
responsibility required under state or federal law, and which continue in their present condition
to substantially degrade the quality of the environment, prevent or damage the beneficial
use of land or water resources, or endanger the health or safety of the public. (2) DIRECTOR.
The Secretary of Labor or his or her authorized agents or representatives. (3) FEDERAL ACT.
Title IV, "Abandoned Mine Reclamation," of Public Law 95-87 of the 95th U. S. Congress.
(4) FUND. State Abandoned Mine Reclamation Fund. (5) SECRETARY. The Secretary of the United
States Department of Interior. (6) STATE RECLAMATION PROGRAM. The state...
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9-4-2
Section 9-4-2 State Geologist - Duties generally. (a) It shall be the duty of the State Geologist
to devote his entire time to the administrative duties of his office and to making explorations
and examinations of the mineral, agricultural, biological and other natural resources of the
state so as to determine accurately the quality and character of its soils and their adaptation
to agricultural purposes and especially to the occurrence and quality of phosphates, marls,
gypsum and other natural fertilizers, its mineral resources and their locations, character
and capacity for development, its water powers and their capacity, its forest trees and their
utilities and distribution and its other plant and animal forms useful or noxious; and it
shall be the duty of him and his assistants, whenever they discover any deposits of ores or
other resources of value, to notify immediately the owners of the land on which such deposits
occur, but no individual or firm or corporation shall have the...
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9-10-6
Section 9-10-6 Applications for construction permits; duties of Commissioner of Conservation
and Natural Resources as to granting of permits, etc.; enforcement of compliance with terms
and conditions of permits. (a) Before any construction work on any project may be undertaken
by any corporation created under the terms of this article, said corporation shall apply to
the Commissioner of Conservation and Natural Resources for a permit authorizing the proposed
development. The corporation shall furnish with the application for permit the following information:
preliminary plans consisting of maps, plats, plans and drawings showing the general features
of the development or developments it proposes to make, with amount of water which will be
required as related to the naturally available supply, the land areas and, if a multiple purpose
project, the other clients which will benefit from the development and such other details
as may be needed to make clear the extent and scope of the...
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33-5-62
Section 33-5-62 Rules and regulations; point system for suspension or revocation of certifications.
The Commissioner of Conservation and Natural Resources may establish and promulgate reasonable
rules and regulations, not in conflict with the laws of this state, concerning operation of
vessels and concerning the enforcement of this article. All fines collected shall be deposited
into the State Water Safety Fund. Specifically, but not by way of limitation, the commissioner
may establish, by regulation, in addition to all other penalties, a point system by which
boater safety certifications may be suspended or revoked, as well as hearing procedures related
to the suspension or revocation of certifications. Unless otherwise provided by law, the penalty
for the violation of any rules and regulations promulgated under this article shall be a Class
C misdemeanor punishable upon conviction as provided in Sections 13A-5-7 and l3A-5-12. A person
so convicted shall be fined not less than fifty...
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33-7-31
Section 33-7-31 Eminent domain; improvement of navigation. Any such person, firm or corporation
may exercise the power of eminent domain, for the purpose of acquiring such lands as it may
be necessary or convenient to flood or otherwise utilize in order to improve navigation as
provided in this article, such lands to include as well as all the area submerged a strip
of land 50 feet in width bordering upon the margins of the slack water pool or pools as the
same may be defined at the highest stage of the river at any time after the completion of
the improvements herein provided for; and the right hereby conferred to exercise such power
of eminent domain is cumulative. No person, firm or corporation shall acquire the rights granted
by this article, unless the dam or system of dams, and lock or system of locks, to be constructed
by such person, firm or corporation are so planned as, when constructed, will by the operation
thereof improve the navigation of the river in which the dam or...
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45-29-140
Any territory added, by amendment to the certificate of incorporation of an authority, to the
area or areas in which that authority is authorized to render water service, fire protection
service, or any thereof. (11) PERSON. Unless limited to a natural person by the context in
which it is used, such term includes a public or private corporation, a municipality, a county,
or an agency, department or instrumentality of the state or of a county or municipality. (12)
PROPERTY. Real and personal property and interests therein. (13) PUBLIC WATER SYSTEM.
A water system which is owned or operated by the United States of America, the state, a county,
a municipality, a public corporation organized under the laws of the state, any combination
of any thereof, or any agency or instrumentality of any one or more thereof or in which any
one or more thereof or any agency or instrumentality of any one or more thereof holds a reversionary
or remainder interest. (14) SERVICE AREA. The geographic...
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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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9-12-21
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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