Code of Alabama

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9-12-33
Section 9-12-33 Culling and sacking of oysters. (a) All oysters taken from the public reefs
of this state shall be culled and sacked, and each sack tagged and identified in accordance
with the requirements of the rules of the state Department of Public Health, prior to leaving
the public reefs or water bottoms where taken or oyster management stations, and all oysters
which measure less than three inches in length and all cultch material shall be immediately
replaced by scattering and broadcasting upon the public reefs or water bottoms from which
they have been taken. It shall be unlawful for any captain or person in charge of any vessel
or any canner, packer, commission man, dealer, or other person to purchase, sell, or have
in his or her possession or under his or her control any oysters off the public reefs or water
bottoms not culled according to this section, or any oysters from the reefs or water bottoms
under the legal size. Any excess of over five percent of cultch material and...
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9-12-42
Section 9-12-42 Duty to replant oysters and oyster shells on public reefs; option to pay replanting
costs, etc.; penalties. (a) The Marine Resources Division may establish by rule a shell fee
to be used for the replanting of oyster cultch material on the public reefs of this state
or for otherwise managing the oyster resources of this state. This fee shall be charged on
a per sack basis to all seafood dealers who are purchasing oysters directly from the harvester.
The fee shall be calculated and paid quarterly. The payment is due no later than one month
after the end of the previous quarter. (b) The division shall establish an Oyster Management
Fund and all monies paid to the department pursuant to the shell fee shall be deposited in
this fund. The monies in this Oyster Management Fund shall be used by the division to replant
cultch material on the public reefs of this state, to cultivate the public reefs of this state,
or to otherwise manage the oyster resources of this state. (c)...
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9-12-32
Section 9-12-32 Surveys and marking of private reefs; filing of plats and lists of agents and
permittees; agents and permittees to carry permits. It shall be the duty of each owner or
lessee of any private reef to have established an accurate survey by a registered surveyor
of the bottoms, beds, or reefs under his or her control, and each corner shall be clearly
marked and defined with the owner's or lessee's name clearly attached. There shall also be
established intermediate markers between the corners, the distance between which shall not
exceed 600 feet extending from each corner of the private bed, bottom, or reef to the adjacent
corner, and also from the outside corner every 600 feet to the high water mark on the associated
beach, bank, or marsh edge. The plat of this area, including GPS coordinates of area corners,
and any lease agreements or proof of right of ownership shall be filed with the Division of
Marine Resources together with the list of any persons using the bed,...
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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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9-12-67
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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9-2-4
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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9-12-82
Section 9-12-82 License required for taking of oysters for commercial purposes; penalty; aquaculture
license; disposition of funds. (a) Before any person engages in the taking or catching of
oysters from the waters or bottoms of the State of Alabama, the person shall first purchase
an annual oyster catcher license. The license shall expire annually on September 30 and shall
be twenty-five dollars ($25) . However, persons may take for personal, noncommercial purposes,
from waters opened to commercial oystering, not more than 100 oysters per day without purchasing
an oyster catcher license. (b) Before any oyster aquaculture site or facility permitted by
the state Department of Public Health engages in the taking of oysters from the waters or
bottoms of this state, the oyster aquaculture permittee shall first purchase an annual oyster
aquaculture license. The license shall allow employees of the aquaculture facility to engage
in harvesting and sorting of oysters or to conduct other...
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9-11-84
Section 9-11-84 Sale, transportation, etc., of game fish taken from public or private waters.
(a) It shall be unlawful for any person to sell or offer for sale within this state, or ship
or transport for sale within or without this state, or to ship into this state any game fish
caught or taken in any of the fresh waters, whether public or private, of this state or any
other state. All species of black bass, white bass, yellow bass, saltwater striped bass, bream,
and pickerel, as well as walleye, sauger, black and white crappie, and yellow perch are designated
game fish for the purpose of this section. (b) This section shall not apply to the sale of
game fish raised in hatcheries and sold for the purposes of stocking ponds and lakes, nor
shall it apply to the sale of nonnative game fish raised for human consumption, nor shall
it apply to the sale of yellow perch, largemouth bass, shellcracker, and bluegill bream raised
in farm ponds; provided, that, prior to any sale provided for in...
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32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191, the term,
"ignition interlock device" means a constant monitoring device that prevents a motor
vehicle from being started at any time without first determining the equivalent blood alcohol
level of the operator through the taking of a breath sample for testing. The system shall
be calibrated so that the motor vehicle may not be started if the blood alcohol level of the
operator, as measured by the test, reaches a blood alcohol concentration level of 0.02. (b)
The ignition interlock device shall be installed, calibrated, and monitored directly by trained
technicians who shall train the offender for whom the device is being installed in the proper
use of the device. The use of a mail in or remote calibration system where the technician
is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department
of Forensic Sciences shall promulgate rules for punishment and appeal for...
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28-3A-25
Section 28-3A-25 Unlawful acts and offenses; penalties. (a) It shall be unlawful: (1) For any
manufacturer, importer, or wholesaler, or the servants, agents, or employees of the same,
to sell, trade, or barter in alcoholic beverages between the hours of nine o'clock p.m. of
any Saturday and two o'clock a.m. of the following Monday. (2) For any wholesaler or the servants,
agents, or employees of the wholesaler to sell alcoholic beverages, to other than wholesale
or retail licensees or others within this state lawfully authorized to sell alcoholic beverages,
or to sell for export. (3) For any person, licensee, or the board, either directly or by the
servants, agents, or employees of the same, or for any servant, agent, or employee of the
same, to sell, deliver, furnish, or give away alcoholic beverages to any person under the
legal drinking age, as defined in Section 28-1-5, or to permit any person under the legal
drinking age, as defined in Section 28-1-5, to drink, consume, or possess...
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