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9-12-61
Section 9-12-61 Taking, sale, etc., of oysters under three inches long. It shall be unlawful
for any person, firm, corporation or association to sell or offer for sale, to take from any
reef or have in his possession or to buy or offer to buy any oysters whose length is less
than three inches, taking into consideration the five percent allowance as provided for by
law, except when the legal size of oysters is reduced by a regulation duly promulgated by
the Commissioner of Conservation and Natural Resources as otherwise provided for under this
title; provided, that nothing in this section shall be construed so as to apply the provisions
hereof to the taking of oysters from private reefs by the owners or lessees of such private
reefs. (Acts 1936-37, Ex. Sess., No. 169, p. 192, § 38; Code 1940, T. 8, §153; Acts
1953, No. 709, p. 965, § 1; Acts 1959, No. 508, p. 1245, § 1.)...
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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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9-15-55
Section 9-15-55 Retention by state of title to certain filled lands; rights of access. (a)
The state shall retain title to any lands of the state lying seaward of the mean high tide
line that are filled in the course of a beach project undertaken by a coastal municipality
pursuant to Article 11 of Chapter 47 of Title 11 with the permit of the Commissioner of the
Department of Conservation and Natural Resources as provided in Section 9-15-56. (b) The title
to additional filled lands shall be retained by the state to the extent that the proportions
of any state-owned lands filled in the course of a permitted beach project undertaken by a
coastal municipality are subsequently increased seaward by accretion or any other natural
or artificial fill process. (c) Notwithstanding any rule of decision or principle of common
law recognized prior to May 23, 2000, the retention of title by the state pursuant to this
section shall be recognized regardless of the participation, consent, or objection...
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33-5-100
Section 33-5-100 Unauthorized alteration or removal of identification number or registration
information; forfeiture. (a) As used in this section, the following words have the following
meanings: (1) FALSIFY. The term includes alter and forge. (2) IDENTIFIABLE COMPONENT PART.
The term includes any part of a vessel or outboard motor that has an identifying number stamped,
molded, engraved, cast, or placed on it by the manufacturer or any part that can be identified
by other means as being a part of a particular vessel or outboard motor. (3) IDENTIFICATION
NUMBER. The term includes an identifying number, engine number, outboard motor number, or
other distinguishing number or mark placed on a vessel, outboard motor, vessel trailer, or
the engine, transmission, or other component part of a vessel, by its manufacturer or by authority
of the Department of Conservation and Natural Resources or in accordance with the laws of
another state or country. (4) REMOVE. The term includes deface,...
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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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33-5-66
Section 33-5-66 Violations; penalties. (a) Any person of whom a boater safety certification
is required, who operates a motorized vessel on the waters of this state as the terms are
defined in Section 33-5-3, without first complying with this article, or the rules and regulations
promulgated, shall be guilty of a Class B misdemeanor, and, upon conviction is punishable
as provided in Sections 13A-5-7 and 13A-5-12. Any person so convicted shall be fined not less
than twenty-five dollars ($25). (b) Any person who knowingly gives permission to operate a
motorized vessel on the waters of this state, as the terms are defined in Section 33-5-3,
to another person who is required to have a boater safety certification pursuant to this article
and who does not have a boater safety certification in compliance with this article, or to
another person required to be accompanied pursuant to this article and who is not accompanied
in compliance with this article, shall be guilty of a Class C...
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37-4-1
Section 37-4-1 Definitions. Unless otherwise specified, when used in this article, these terms
shall have the following meanings: (1) COMMISSION. The Alabama Public Service Commission.
(2) COMMISSIONER. A member of the commission. (3) MUNICIPALITY. Any municipal corporation
organized under the laws of this state. (4) PERSON. Such term shall mean and include individuals,
associations of individuals, firms, partnerships, companies, corporations, municipalities,
governmental agencies, their lessees, trustees, or receivers appointed by any court whatsoever,
in the singular number as well as in the plural. (5) NONUTILITY. Any federal agency, instrumentality,
or corporation, owned by the United States, and any corporation or joint stock company in
which the United States or any of its departments, establishments, or agencies, owns more
than 50 percent of the voting shares of stock of such corporation or joint stock company.
(6) SECURITIES. Such term shall mean and include stock, stock...
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9-10-34
Section 9-10-34 Powers and duties generally. A corporation organized and established under
the provisions of this article shall have the following powers, subject only to the limitations
described in Section 9-10-35 following: (1) To adopt bylaws for the regulation of its affairs
and the conduct of its business; (2) To adopt an official seal and alter the same at pleasure;
(3) To maintain a principal office at the county seat and suboffices at such place or places
within the county as it may designate; (4) To sue and be sued in its own name; (5) To enter
into contracts and agreements or do any act necessary or incidental to the performance of
its duties and execution of its powers under this article; (6) To acquire, hold and dispose
of real and personal property or any interests therein; (7) To provide a water supply by impounding
a stream or by development and use of wells by either construction, lease or purchase; (8)
To develop and operate an irrigation project, including the...
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33-12-5
Section 33-12-5 Powers, duties and functions. The powers, duties and functions of the agency
shall be as follows: (1) GENERALLY. The agency a. Shall have perpetual succession in its corporate
name. b. May sue and be sued in its corporate name. c. May adopt, use and alter a corporate
seal, which shall be judicially noticed. d. May enter into such contracts and cooperative
agreements with the federal, state and local governments, with agencies of such governments,
with private individuals, corporations, associations, trusts and other organizations as the
board may deem necessary or convenient to enable it to carry out the purposes of this chapter,
including the planned, orderly residential development of the area. e. May adopt, amend and
repeal bylaws. f. May appoint such managers, officers, employees, attorneys and agents as
the board deems necessary for the transaction of its business, fix their compensation, define
their duties, require bonds of such of them as the board may...
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41-16-123
Section 41-16-123 Provisions applicable to certain property held by division. This section
shall apply only to that property that has been held by the division for a period of not less
than 60 days from the date the property is first published in the list of surplus property,
as set out in subsection (b) of Section 41-16-121, and not purchased by any eligible entity
as set out in subsection (e) of Section 41-16-120 as follows: (1) All contracts made by or
on behalf of the State of Alabama or a department, board, bureau, commission, institution,
corporation, or agency thereof, of whatever nature for the sale or disposal of tangible personal
property owned by the State of Alabama, other than the following: a. Alcoholic beverages.
b. Products of the Alabama Institute for Deaf and Blind. c. Barter arrangements of the state
prison system. d. Books. e. School supplies. f. Food. g. Property used in vocational projects.
h. Livestock. i. Property owned by any state college or university,...
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