9-12-30
Section 9-12-30 Patrolling of private oyster reefs. The Director, Marine Resources Division, Department of Conservation and Natural Resources is hereby authorized and it shall be his duty to patrol or cause to be patrolled from time to time as he may see fit all those areas in Alabama territorial waters upon which are located private oyster reefs to prevent the illegal taking or removal by unauthorized persons of oysters on said private reefs. (Acts 1959, No. 509, p. 1246, §1.)...
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9-12-29
Section 9-12-29 Patrol boats. The Department of Conservation and Natural Resources shall provide the necessary patrol boats and shall appoint a deputy inspector for each patrol boat who shall be a seafaring man, competent to act as captain of the boat on which he may be assigned, and the Department of Conservation and Natural Resources shall provide all necessary crews to properly man said boats. They shall patrol daily the waters of the Mississippi Sound and the territorial waters of the State of Alabama under the direction of the Director, Marine Resources Division, Department of Conservation and Natural Resources and shall see that all oysters are properly culled on the reefs or beds where taken and that all laws appertaining to the taking, catching, canning, transporting or having in possession of all seafoods of the State of Alabama are complied with. (Acts 1936-37, Ex. Sess., No. 169, p. 192, § 7; Code 1940, T. 8, § 130.)...
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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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9-12-37
Section 9-12-37 Use of mechanical rake dredges, etc., dredge license. Owners of private oyster reefs, beds, or bottoms and the lessees or designated permittees of such reefs, beds, or bottoms may use any mechanical means at their disposal and at any time between the hours of sunrise and sunset, including the use of mechanical rake dredges, to cultivate and harvest or remove live oysters of any size upon or from such grounds. Such a person shall first obtain a dredge license as provided in Section 9-12-87. The license may be revoked by the Commissioner of Conservation and Natural Resources if any violation of any statute or rule relating to the use of the mechanical devices occurs, and the commissioner may thereafter refuse to issue a new license to the person. (Acts 1959, No. 632, p. 1538, §1; Act 2010-699, p. 1692, §1.)...
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9-12-22
Section 9-12-22 Right of owners of land fronting public waters to plant and gather oysters. All the beds and bottoms of the rivers, bayous, lagoons, lakes, bays, sounds and inlets within the jurisdiction of the State of Alabama are the property of the State of Alabama to be held in trust for the people thereof, but the owners of land fronting on such waters where oysters may be grown shall have the right to plant and gather same in the waters in front of their land to the distance of 600 yards from the shore measured from the average low water mark, but where the distance from shore to shore is less than 1,200 yards, the owners of either shore may plant and gather to a line equidistant between the two shores, but no person shall plant in any natural channel so as to interfere with navigation. The respective owners shall plant within lines extended into the water from points where the boundaries intersect the shore, as nearly as practicable, with a mean width corresponding with their...
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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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9-2-7
Section 9-2-7 Commissioner of Conservation and Natural Resources - Powers and duties as to game, fish and seafood generally. (a) The Commissioner of Conservation and Natural Resources may enforce and administer all laws providing for the preservation, protection, propagation, and development of wild birds, wild fur-bearing animals, game fish, saltwater fish, shrimp, oysters and other shellfish, crustaceans and all other species of wildlife within the state or within the territorial jurisdiction of the state which have not been reduced to private ownership, except as otherwise provided. (b) The commissioner is empowered to do all of the following: (1) To formulate a state wildlife policy. (2) To fix open seasons during which game birds, game, and fur-bearing animals may be taken. (3) To fix daily and season bag limits on game birds and game animals. (4) To designate by name what species of fish shall be game fish. (5) To fix daily creel limits on game fish. (6) To regulate the manner,...
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22-27-47
Section 22-27-47 Local plans required. (a) Each county and any municipality as described below shall submit to the department, within one and one-half years of May 16, 1989, a plan for the management of solid waste generated within its boundaries. A county's plan shall include the municipal jurisdictions within its boundaries except that any municipality may choose to submit its own solid waste management plan intended for implementation within its city limits and thereby be excluded from its county plan. Cities which do not choose to exclude themselves from their county's plan shall be responsible to share in the county's costs proportionately on a per capita basis. The content of all plans shall be consistent with the requirements of this article and every plan shall not become final until it has been officially adopted and approved pursuant to the requirements of this article. In the event a county or city does not submit a required plan or if said plan does not meet the minimum...
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45-49-252
Section 45-49-252 Definitions. The following words, phases, or terms as used in this part, unless the context indicates otherwise, shall have the following meanings: (1) ABANDONED PROPERTY. Wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements and shall include wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, and other similar articles which have no value other than nominal salvage value, if any; and is in a condition violative of Alabama statutes. (2) ADMINISTRATIVE DEPARTMENT. The department charged by the Mobile County Commission with the administrative management of this part. (3) COMMISSION. The Mobile County Commission of Mobile County, Alabama. (4) BULKY WASTE. Items whose large size precludes or complicates their handling by normal collection, processing, or disposal methods. (5) BUNDLE. A...
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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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