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9-2-85
Section 9-2-85 Duties of employees of division generally; seizure, etc., of seafoods illegally
taken, etc. The employees of the Division of Marine Resources shall diligently enforce all
laws and regulations of the Department of Conservation and Natural Resources now existing
or which may hereafter be enacted or promulgated for the protection, propagation, preservation
or conservation of the seafoods of the State of Alabama and shall prosecute all persons who
violate any of such laws or regulations. Such employees shall, at any and all times, seize
any and all oysters, saltwater fish or other seafoods which have been caught, taken or transported
in a manner contrary to the laws or regulations based thereupon of this state. All seafood
which is seized by such employees shall be held as evidence and used in the trial of the violation
for which it was seized. After the trial of such violation, the seafood which has been so
seized shall be disposed of by order of the court in which the case...
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22-22-9
Section 22-22-9 Powers and duties; enforcement of orders; permits; civil penalties for violations.
(a) It shall be the duty of the commission to control pollution in the waters of the state,
and it shall specifically have the following powers: (1) To study and investigate all problems
concerned with the improvement and conservation of the waters of the state; (2) To conduct,
independently and in cooperation with others, studies, investigation and research and to prepare,
or in cooperation with others prepare, a program or programs, any or all of which shall pertain
to the purity and conservation of the waters of the state or to the treatment and disposal
of pollutants or other wastes, which studies, investigations, research and program or programs
shall be intended to result in the reduction of pollution of the waters of the state according
to the conditions and particular circumstances existing in the various communities throughout
the state; and (3) To propose remedial measures...
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9-2-86
Section 9-2-86 Director and employees constituted peace officers; inspection, etc., of factories,
barrel measures, nets, trawls, etc. The Director of the Division of Marine Resources and other
employees of said division are hereby constituted peace officers of the State of Alabama with
full police power and jurisdiction to enforce all laws with reference to the seafoods of the
State of Alabama and all rules and regulations promulgated by the Department of Conservation
and Natural Resources, and they may exercise such powers in any county of the State of Alabama
and on any waters of this state. They are hereby authorized to carry firearms or other weapons
when they are actually in the discharge of their duties as such officers. They shall be clothed
with the power to arrest with or without warrant any person who shall violate any of the laws
of the State of Alabama or any rule or regulation of the Department of Conservation and Natural
Resources with reference to the protection,...
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40-17-359
Section 40-17-359 Distribution and use of proceeds. (a) For the purpose of this section, the
following terms shall have the meanings ascribed below: (1) BASE ANNUAL COUNTY DISTRIBUTION.
Five hundred fifty thousand dollars ($550,000). (2) COST OF COLLECTION. The amounts from the
proceeds of the highway gasoline tax that may be appropriated by the Legislature to the department
for its operating expenses. (3) COUNTY. Each county in the state. (4) FISCAL YEAR. The fiscal
year of the state. (5) DEPARTMENT OF TRANSPORTATION. The Department of Transportation of the
state. (6) HIGHWAY GASOLINE TAX. Both of the following: a. The excise tax levied under subdivision
(1) of subsection (a) of Section 40-17-325, with the exception of those portions of the tax
levied on aviation fuel and marine gasoline. b. The excise tax levied by Sections 40-17-140
to 40-17-155, inclusive, except that portion of the tax imposed on diesel fuel. (7) LOCAL
SUBDIVISIONS' SHARES OF THE NET TAX PROCEEDS. The 55 percent...
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9-2-8
Section 9-2-8 Commissioner of Conservation and Natural Resources - Promulgation of rules and
regulations as to game, fish and seafood; publication and distribution of laws, etc. The Commissioner
of Conservation and Natural Resources is authorized to make and promulgate such reasonable
rules and regulations not in conflict with the provisions of the game and fish laws as he
may deem for the best interest of the conservation, protection and propagation of wild game,
birds, animals, fish and seafoods, which rules and regulations shall have the effect of law;
provided, that the Commissioner of Conservation and Natural Resources shall not have the right
to make or promulgate any rules or regulations which will hamper industry or which will interfere
with the operation of any industrial plant or plants or any industrial operation. The Commissioner
of Conservation and Natural Resources shall not have the right to make or promulgate any rules
or regulations which will hamper or interfere with...
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33-5-33
Section 33-5-33 Fees in certain prosecutions. In all misdemeanor cases for violations of the
provisions of this article and regulations promulgated thereunder, and in all misdemeanor
cases for violation of future laws, the enforcement of which is assigned to the Marine Police
Division of the State Department of Conservation and Natural Resources, cognizable in district
courts or circuit courts, where the defendant pleads guilty and no appeal is taken, no fee
shall be taxed or collected in said court for trial tax, district attorney's fee or entering
judgment in such cases. (Acts 1967, No. 288, p. 817.)...
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9-12-31
Section 9-12-31 Boarding of boats, etc., and entrance into places of business to investigate
compliance with laws. The Department of Conservation and Natural Resources or its duly authorized
agent or agents shall have authority to board any boat, barge or other watercraft which is
engaged in the taking or catching of oysters or shrimp or to enter the place of business of
any person, firm, corporation or association engaged in the seafood industry or sale of seafoods
and by inspection or investigation determine whether such boat, barge or other craft or such
business is in every respect being operated in full compliance with the provisions of the
seafood laws of this state or regulations based thereunder or whether oysters or shrimp or
other seafoods are being taken or canned, packed or processed or caught or transported in
full compliance with the laws relating to oysters and shrimp or other seafoods or regulations
based thereunder. (Acts 1936-37, Ex. Sess., No. 169, ยง31, p. 192; Code...
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9-12-113
Section 9-12-113 Licenses or permits for commercial fishing; net or seine permits. (a) Each
license or permit issued by the Commissioner of Conservation and Natural Resources or his
or her authorized agent shall state the name of the applicant. (1) If the applicant is a resident
of the State of Alabama, the applicant shall pay the following fees: a. One hundred dollars
($100) for commercial fishing. b. Three hundred dollars ($300) on each net or seine permit,
plus an additional five hundred dollars ($500) per permit for the taking of Roe Mullet and
Spanish Mackerel, as defined by regulation of the Department of Conservation and Natural Resources.
c. One thousand five hundred dollars ($1,500) for each purse seine license. (2) Nonresidents
shall pay the following fees: a. Two hundred dollars ($200) for commercial fishing. b. One
thousand five hundred dollars ($1,500) for each net or seine permit, plus an additional two
thousand five hundred dollars ($2,500) per permit for the taking of...
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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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9-2-87
Section 9-2-87 Seafoods Fund - Created; composition. There is hereby created and there shall
be a fund which shall be known as the "Seafoods Fund." This fund shall consist of:
(1) All moneys received from all occupational and privilege licenses or taxes imposed by the
state on any person, firm or corporation for engaging in any business or activity relating
to the taking, catching, processing or handling seafoods as defined in Section 9-2-80; (2)
All revenue derived from oyster bottom leases; (3) All moneys paid, derived or received arising
from fines, penalties or forfeitures of the seafood laws of this state or the rules and regulations
based thereon; (4) All moneys derived from the sale, leasing, dredging, excavation or removal
of oyster shells from the bottoms of any bay, lagoon, estuary, bayou or saltwater area within
the jurisdiction of the State of Alabama; and (5) All moneys accruing to the Marine Resources
Division of the Department of Conservation and Natural Resources from...
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