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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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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9-15-56
Section 9-15-56 Application for beach project; issuance of permit. (a) Upon application by
a coastal municipality, the Commissioner of the Department of Conservation and Natural Resources,
acting through the Lands Division of the department, shall issue a permit for the construction
and maintenance of a beach project by the coastal municipality under the authority of Article
11 of Chapter 47 of Title 11, provided all of the requirements of this section shall have
been satisfied. (b) The application for a beach project shall contain, at a minimum, all of
the following: (1) A detailed description of the location, dimensions, and design features
of the proposed beach project. (2) A copy of the survey, map, metes and bounds description,
or plane coordinate references adopted by the governing body of the coastal municipality as
identifying the location of the mean high tide line and the locations of the limits of the
landward and seaward extensions of the proposed beach project relative to...
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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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23-1-293
Section 23-1-293 Designating Committee. (a) The Designating Committee shall consist of a state
legislator to be appointed by the Governor, a state Senator appointed by the President Pro
Tempore of the Senate, a member of the House of Representatives appointed by the Speaker of
the House, and the heads, or their official designees, of the following seven departments:
(1) The Alabama State Department of Transportation. (2) The Alabama Bureau of Tourism and
Travel. (3) The Alabama Historical Commission. (4) The Alabama Council on the Arts. (5) The
Alabama Department of Economic and Community Affairs. (6) The Alabama Department of Conservation
and Natural Resources. (7) The Alabama Forestry Commission. (b) The Designating Committee
shall perform the following duties: (1) Designate as scenic byways from the highways recommended
to it by the Advisory Council, as provided in subsection (d) of Section 23-1-294. (2) Advise
the Governor and the Legislature of each designation. (3) Adopt...
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41-10-236
Section 41-10-236 State advisory committee to Africatown, U.S.A. State Park. There is hereby
established a state advisory committee to the Africatown, U.S.A. State Park which shall include
the Director of the state Historical Commission, the Director of the Department of Conservation
and Natural Resources, the Director of the state Department of Tourism, the Mayor of the City
of Prichard, Alabama, a member selected by the Black Heritage Council, the state representative
and state senator representing the legislative districts in which the Africatown, U.S.A. State
Park is located, and the senators and representatives representing the legislative districts
in which the commemorative sites are located, a member of the Africatown, U.S.A. Historic
Preservation Authority, and five other persons to be appointed by the Governor, at least one
of whom shall be a descendent of the Africans brought over on the Clotilde and at least one
of whom shall be a representative of the corporate community...
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9-7A-2
Section 9-7A-2 Definitions. The following terms, whenever used in this chapter, shall have
the following respective meanings unless the context clearly indicates otherwise: (1) COMMISSIONER.
The Commissioner of the Department of Conservation and Natural Resources. (2) ADMINISTRATOR.
The director of the plans and programs of the Department of Conservation and Natural Resources.
(3) FUND. The Alabama Recreation Capital Development Assistance Fund. (4) APPLICANT. Any county,
or municipality; or state, county or municipal agency having legal authority to hold title
to real property, or any combination of the above named entities. (5) RECREATIONAL LAND. Land
and appurtenances thereto used for, or susceptible to recreational use. (6) RECREATIONAL USE.
Participation in or observation of outdoor activities by the general public including, but
not limited to, hunting, fishing, water sports, aerial sports, hiking, camping, winter sports,
animal or vehicular riding and any related activity. (7)...
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9-12-126
Section 9-12-126 Inspection of oyster beds; closure order; relay of oysters from closed areas;
promulgation of rules; penalty; enforcement. (a) The State Board of Health is authorized to
inspect the waters of the state where oysters are grown and harvested. When the State Health
Officer shall determine that the waters surrounding the oyster beds are unsafe for the harvesting
of said oysters, the State Health Officer shall issue an order to close the waters around
said bed, which order shall be specific as to location of the area to be closed. Orders issued
pursuant to this section shall not be considered rules under the Alabama Administrative Procedure
Act (Section 41-22-1 et seq.). After the issuance of such a closure order, no person shall
harvest oysters in the said waters during the closure period. The State Health Officer is
authorized to permit the Department of Conservation and Natural Resources to relay oysters
from closed areas. (b) The State Board of Health is authorized to...
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9-15-18
Section 9-15-18 Sale of timber, minerals, etc., from lands; lease, exchange or sale of lands,
etc. The Commissioner of Conservation and Natural Resources is hereby empowered to sell or
cause to be sold timber or minerals or other natural resources from all lands managed or controlled
under authority of this article when in his opinion he deems such timber or minerals or other
natural resources to be merchantable quantity and quality. All lands or any interest therein
over which the Department of Conservation and Natural Resources shall exercise management
and control by virtue of this article may be leased, exchanged or sold by the Commissioner
of Conservation and Natural Resources with the approval of the managing head of the department
or institution to which said lands belong and the approval of the Governor of Alabama. (Acts
1945, No. 341, p. 554, §11.)...
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9-15-30
Section 9-15-30 Title to swamp and overflowed lands and swamp and overflowed indemnity lands
patented to state by federal government; utilization, disposition, etc., of same generally.
(a) Title to all lands of the swamp and overflowed category or swamp and overflowed indemnity
lands, which are, subsequent to September 5, 1951, patented to the State of Alabama by the
federal government and recorded in the office of the Secretary of State, shall be vested in
the Division of Lands of the Department of Conservation and Natural Resources. (b) The Commissioner
of Conservation and Natural Resources shall utilize such lands for the purpose or purposes
which he deems to be most expedient and beneficial. He is hereby authorized to practice forestry
upon such lands and may lease such lands for the exploration or extraction of oil, gas or
other minerals. Said land shall be supervised and managed in the same manner as other lands
which are under the supervision of the Department of Conservation...
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