Code of Alabama

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9-12-24
Section 9-12-24 Authority and procedure for leasing of bottoms in natural oyster reefs; cancellation
and forfeiture of leases; disposition of proceeds from leases. In addition to the powers heretofore
enumerated, the Commissioner of Conservation and Natural Resources shall have power to lease
to any citizen of Alabama or firm or corporation organized under the laws of this state and
doing business within its limits, for the purpose of oyster culture, any bottom of the waters
of the state in a natural oyster bed or reef in such areas and at such prices and under such
conditions as he may determine. Such persons, firms or corporations desiring to avail themselves
of the privileges of leasing oyster bottoms shall make application in writing to the Commissioner
of Conservation and Natural Resources accompanied by such fee as may be prescribed by the
Commissioner of Conservation and Natural Resources, whereupon a competent surveyor, selected
by the Commissioner of Conservation and Natural...
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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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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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9-12-23
Section 9-12-23 Cancellation of leases of riparian bottoms; appeals. Should any privately leased
riparian bottoms be subsequently determined to be natural oyster reefs, said lease or leases
shall be canceled by the Commissioner of Conservation and Natural Resources; and, from the
ruling so cancelling such lease or affecting the riparian rights, any person aggrieved may
prosecute an appeal to the circuit court of the county in which the alleged natural reef is
situated. (Acts 1915, No. 107, p. 145; Code 1923, §2735; Code 1940, T. 8, §119.)...
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9-12-25
Section 9-12-25 Removal of oysters by lessees upon forfeiture of lease; regulations for protection
of rights of lessees. Upon forfeiture of a lease, the lessee may, in the reasonable discretion
of the Commissioner of Conservation and Natural Resources, be allowed additional time to remove
from said leased parcel as may seem proper, upon such terms as may be prescribed by the Commissioner
of Conservation and Natural Resources, oysters remaining thereon which were planted by said
lessee. The Department of Conservation and Natural Resources shall have authority by regulation
to protect the lessees of oyster bottoms in their rights as such lessees. (Code 1923, §2726;
Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §115.)...
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9-2-4
Section 9-2-4 Powers and duties as to seafoods, etc. (a) The Department of Conservation and
Natural Resources shall have full jurisdiction and control of all seafoods existing or living
in the waters of Alabama and of all public and natural oyster reefs and oyster bottoms of
the State of Alabama, and it shall ordain, promulgate and enforce all rules, regulations and
orders deemed by it to be necessary for the protection, propagation or conservation of the
same. (b) The Department of Conservation and Natural Resources may by order duly made and
published prescribe the manner of taking or catching, the time when and designate the places
from which seafoods may or may not be taken or caught during certain periods of the year,
or entirely, as it may deem to be for the best interest of the seafood industry. (c) It shall
have full authority to prohibit the catching or taking of oysters from reefs designated by
it by order duly made and promulgated during the entire open season or any part...
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9-15-39
Section 9-15-39 Disposition of revenues from sales of timber or minerals or from rentals or
leases - School lands. The revenue derived from any sale of timber or minerals from, or rental
or lease of, any school lands shall be paid by the Commissioner of Conservation and Natural
Resources to the Treasurer to be deposited to the credit of the proper township or townships
as provided for by the constitution and laws of Alabama, except that there shall be retained
by the Lands Division of the Department of Conservation and Natural Resources a management
fee of 10 percent of any and all revenue. An itemized statement of the revenue derived from
the sale or lease shall be immediately forwarded by the Commissioner of Conservation and Natural
Resources to the State Superintendent of Education, and the statement shall show the items
of sale, the amount of revenue derived therefrom, and a description of the land from which
the sale or lease was made. The Superintendent of Education, upon receipt...
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9-2-9
Section 9-2-9 Commissioner of Conservation and Natural Resources - Powers and duties as to
state parks, etc., generally. The Commissioner of Conservation and Natural Resources, acting
through the Division of Parks, shall have the following powers and authorities: (1) To acquire
in the name of the State of Alabama by purchase, lease, agreement, license, condemnation or
otherwise land deemed necessary or desirable to be preserved, improved, protected and maintained
as a part of the state park system and to accept in his discretion, in fee or otherwise, land
donated, entrusted, conveyed or devised to the state for like purposes and with like discretion
to accept gifts, contributions or bequests of money or other personal property of value to
be used or expended for the benefit of the state park system; (2) To contract and make cooperative
agreements with the federal government and with states, counties, municipalities, corporations,
associations or individuals for the purpose of...
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35-4-380
Section 35-4-380 Lease of salt springs, etc. (a) The Commissioner of Conservation and Natural
Resources by and with the approval of the Governor may lease the salt springs and lands granted
to the state under the second clause of the sixth section of the act of Congress of March
2, 1819, to the best advantage, in conformity with the provisions of the grant or any amendment
thereto, and may sell the timber on said lands or any part thereof whenever he shall deem
it to the best interest of the state to do so. (b) The Commissioner of Conservation and Natural
Resources, by and with the approval of the Governor, on behalf of the state, is hereby authorized
to lease upon such terms as he may approve, the lands granted to the state under the second
clause of the sixth section of the act of Congress of March 2, 1819, or any right or interest
therein for the purpose of exploring for and mining or producing therefrom oil, gas, or other
minerals. (c) If oil, gas, or other minerals or products are...
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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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