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https://law.justia.com/codes/alabama/title-9/chapter-11/article-14/section-9-11-392/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 14 - Marine Mammal Protection.›Section 9-11-392 - Legislative Findings and Declaration of Policy.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 14 - Marine Mammal Protection. › Section 9-11-392 - Legislative Findings and Declaration of Policy.
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Section 9-11-392
Legislative findings and declaration of policy.
The Legislature of Alabama declares that:
(1) Certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man's activities;
(2) Such species and population stocks should not be permitted to diminish beyond the point at which they cease to be a significant functioning element in the ecosystem of which they are a part, and, consistent with this major objective, they should not be permitted to diminish below their optimum sustainable population. Further measures should be immediately taken to replenish any species or population stock which has already diminished below that population. In particular, efforts should be made to protect the rookeries, mating grounds and areas of similar significance for each species of marine mammal from the adverse effect of man's actions;
(3) There is inadequate knowledge of the ecology and population dynamics of such marine mammals and of the factors which bear upon their ability to reproduce themselves successfully; and
(4) Marine mammals have proven themselves to be resources of great international significance, esthetic and recreational as well as economic, and it is the sense of the Legislature that they should be protected and encouraged to develop to the greatest extent feasible commensurate with sound policies of resource management and that the primary objective of their management should be to maintain the health and stability of the marine ecosystem. Whenever consistent with this primary objective, it should be the goal to obtain an optimum sustainable population keeping in mind the optimum carrying capacity of the habitat.
(Acts 1976, No. 690, p. 953, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-14/section-9-11-393/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 14 - Marine Mammal Protection.›Section 9-11-393 - Imposition of Moratorium on Taking of Marine Mammals and Marine Mammal Products;...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 14 - Marine Mammal Protection. › Section 9-11-393 - Imposition of Moratorium on Taking of Marine Mammals and Marine Mammal Products; Exceptions.
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Section 9-11-393
Imposition of moratorium on taking of marine mammals and marine mammal products; exceptions.
(a) There shall be a moratorium on the taking of marine mammals and marine mammal products; except, that marine mammals may be taken pursuant to a permit issued by an appropriate federal agency as provided in the Marine Mammal Protection Act of 1972 and the regulations promulgated thereunder.
(b) Nothing in this article shall prevent a state or local government official or employee, in the course of his duties as an official or employee, from taking a marine mammal in a humane manner if such taking is for the protection or welfare of such mammal or for the protection of the public health and welfare and includes steps designed to assure the return of such mammal to its natural habitat.
(Acts 1976, No. 690, p. 953, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-14/section-9-11-394/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 14 - Marine Mammal Protection.›Section 9-11-394 - Taking, Transportation, Sale, etc., of Marine Mammals, etc., in Violation of Prov...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 14 - Marine Mammal Protection. › Section 9-11-394 - Taking, Transportation, Sale, etc., of Marine Mammals, etc., in Violation of Provisions of Article, Etc.
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Section 9-11-394
Taking, transportation, sale, etc., of marine mammals, etc., in violation of provisions of article, etc.
Except as provided for by an international treaty, convention or agreement to which the United States is a party or by any statute implementing any such treaty, convention or agreement, it shall be unlawful:
(1) For any person or vessel or other conveyance to take any marine mammal in waters or on lands under the jurisdiction of Alabama;
(2) For any person to use any port, harbor or other place under the jurisdiction of Alabama for any purpose in any way connected with the taking of marine mammals or marine mammal products;
(3) For any reason, with respect to any marine mammal taken in violation of this article and regulations promulgated thereunder or the Marine Mammal Protection Act of 1972 and regulations promulgated thereunder:
a. To possess any such mammal; or
b. To transport, sell or offer for sale any such mammal or any marine mammal product made from any such mammal; or
(4) For any person to use, in a commercial fishery, any means or methods of fishing in contravention of any regulations or limitations issued by the Secretary of Commerce or the commissioner to achieve the purposes of this article.
(Acts 1976, No. 690, p. 953, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-14/section-9-11-395/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 14 - Marine Mammal Protection.›Section 9-11-395 - Promulgation of Rules and Regulations.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 14 - Marine Mammal Protection. › Section 9-11-395 - Promulgation of Rules and Regulations.
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Section 9-11-395
Promulgation of rules and regulations.
The commissioner shall have power and authority to establish such rules and regulations necessary to carry out the purpose of this article.
(Acts 1976, No. 690, p. 953, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-14/section-9-11-396/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 14 - Marine Mammal Protection.›Section 9-11-396 - Penalties for Violations of Provisions of Article, etc.; Powers of Law Enforcemen...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 14 - Marine Mammal Protection. › Section 9-11-396 - Penalties for Violations of Provisions of Article, etc.; Powers of Law Enforcement Officers, etc., as to Enforcement of Article, etc.; Custody and Disposition of Equipment, etc., Seized in Connection With Violations of Article, etc.; Disposition of Moneys Arising From Fines and Forfeitures.
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Section 9-11-396
Penalties for violations of provisions of article, etc.; powers of law enforcement officers, etc., as to enforcement of article, etc.; custody and disposition of equipment, etc., seized in connection with violations of article, etc.; disposition of moneys arising from fines and forfeitures.
(a) Any person who violates a provision of this article or any regulation promulgated pursuant to this article or of the Marine Mammal Protection Act of 1972 or regulation promulgated thereunder or who fails to procure or violates the terms of any permit issued pursuant thereto shall, upon conviction, be fined not less than $50.00 nor more than $500.00 or be imprisoned not more than six months or both.
(b) Any officer employed and authorized by the commissioner or any law enforcement officer of the state or of any municipality or county within the state shall have authority to conduct searches as provided by law and to execute a warrant to search for and seize any equipment, business records, merchandise or marine mammal taken, used or possessed in connection with a violation of any section of this article. Any such officer or agency may, without a warrant, arrest any person who such officer or agent has probable cause to believe is violating, in his presence or view, any such section or any regulation or permit provided for by this article. Any officer or agent who has made an arrest of a person in connection with any such violation may search such person or business records at the time of arrest and may seize any marine mammal, records or property taken or used in connection with any such violation.
(c) Equipment, merchandise, marine mammals or records seized under the provisions of subsection (b) of this section shall be held by an officer or agent of the department pending disposition of court proceedings, and thereafter shall be forfeited to the state for destruction or disposition as the commissioner may deem appropriate; provided, however, that prior to forfeiture, the commissioner may direct the transfer of marine mammals so seized to a qualified geological, educational or scientific institution for safe keeping, the cost thereof to be assessable to the defendant. The commissioner is authorized to promulgate regulations to implement this subsection.
(d) All moneys arising under the provisions of this article from fines and forfeitures shall be deposited to the credit of the Seafoods Fund.
(Acts 1976, No. 690, p. 953, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-14/section-9-11-397/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 14 - Marine Mammal Protection.›Section 9-11-397 - Funding of Programs Established Under Article.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 14 - Marine Mammal Protection. › Section 9-11-397 - Funding of Programs Established Under Article.
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Section 9-11-397
Funding of programs established under article.
The cost of programs established under this article shall be borne by sources separate and apart from those presently accruing to the Seafoods Fund.
(Acts 1976, No. 690, p. 953, §9.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-14/section-9-11-398/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 14 - Marine Mammal Protection.›Section 9-11-398 - Applicability of Provisions of Article.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 14 - Marine Mammal Protection. › Section 9-11-398 - Applicability of Provisions of Article.
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Section 9-11-398
Applicability of provisions of article.
This article shall not apply with respect to any marine mammal taken before August 24, 1976, to any marine mammal product consisting of or composed, in whole or in part, of any marine mammal taken before August 24, 1976, or to any marine mammal unintentionally taken during the construction of any highway or utility facility.
(Acts 1976, No. 690, p. 953, §8.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-15/section-9-11-410/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 15 - Commercial Fowl Hunting Preserves.›Section 9-11-410 - License Required.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 15 - Commercial Fowl Hunting Preserves. › Section 9-11-410 - License Required.
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Section 9-11-410
License required.
Any person, firm, or corporation desiring to operate a bird hunting preserve commercially on which artificially propagated birds may be hunted, taken, captured, killed, harvested, or otherwise recovered shall obtain a bird hunting preserve license and comply with the provisions of this article and all rules promulgated by the Commissioner of Conservation and Natural Resources governing the operation of hunting preserves.
(Acts 1979, No. 79-431, p. 678, §1; Act 2010-398, p. 653, §1; Act 2010-697, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-15/section-9-11-411/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 15 - Commercial Fowl Hunting Preserves.›Section 9-11-411 - Site of Preserve; Marking of Boundaries; Proximity to Other Preserves or Manageme...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 15 - Commercial Fowl Hunting Preserves. › Section 9-11-411 - Site of Preserve; Marking of Boundaries; Proximity to Other Preserves or Management Areas; Turkey Shooting Prohibited.
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Section 9-11-411
Site of preserve; marking of boundaries; proximity to other preserves or management areas; turkey shooting prohibited.
Repealed by Acts 2010-398, p. 653, §2, and 2010-697, p. 1688, §2, effective July 1, 2010.
(Acts 1979, No. 79-431, p. 678, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-15/section-9-11-412/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 15 - Commercial Fowl Hunting Preserves.›Section 9-11-412 - Birds to Be Hunted.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 15 - Commercial Fowl Hunting Preserves. › Section 9-11-412 - Birds to Be Hunted.
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Section 9-11-412
Birds to be hunted.
Game which may be hunted on a preserve licensed under this article shall be artificially propagated or pen-raised bob-white quail, pheasants, chukar partridge, and such other species of birds, except for artificially propagated or pen-raised turkeys, as the Commissioner of Conservation and Natural Resources shall designate.
(Acts 1979, No. 79-431, p. 678, §3; Act 2010-398, p. 653, §1; Act 2010-697, p. 1688, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-15/section-9-11-413/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 15 - Commercial Fowl Hunting Preserves.›Section 9-11-413 - License Fee; Issuance of License; License to Operate a Commercial Bird Hunting Pr...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 15 - Commercial Fowl Hunting Preserves. › Section 9-11-413 - License Fee; Issuance of License; License to Operate a Commercial Bird Hunting Preserve.
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Section 9-11-413
License fee; issuance of license; license to operate a commercial bird hunting preserve.
(a) Except as provided in subsection (b), the privilege license fee for operating a hunting preserve shall be twenty-five dollars ($25) per year for the first 100 acres of hunting preserve area plus five dollars ($5) per year for each additional 100 acres or part thereof. Upon application to the judge of probate of the county in which the preserve is located and payment of the license fee required in this subsection and an issuance fee of two dollars ($2), the judge of probate shall issue a privilege license to operate a hunting preserve to the applicant. Privilege licenses to operate hunting preserves shall be issued on forms prescribed by the Commissioner of Conservation and Natural Resources furnished to the judge of probate. All fees collected by the judge of probate for issuing hunting preserve licenses shall be remitted at the same time and in the same manner that hunting and fishing license fees are remitted and shall be paid into the Game and Fish Fund of the state Department of Conservation and Natural Resources.
(b) In lieu of the license fee provided for in subsection (a), the operator of a commercial bird hunting preserve may purchase a license which entitles the licensee to operate a commercial bird hunting preserve and exempts the patrons of the preserve from the license requirement of Section 9-11-417. The fee for the license shall be five hundred dollars ($500), plus a two dollar ($2) issuance fee. The license shall be issued in the same manner as the license provided for in subsection (a). The license or a copy thereof shall be in the possession of at least one person in each hunting party.
(Acts 1979, No. 79-431, p. 678, §4; Act 2010-398, p. 653, §1; Act 2010-697, p. 1688, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-15/section-9-11-414/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 15 - Commercial Fowl Hunting Preserves.›Section 9-11-414 - Limits on Harvest; Hunting Period for "Pen-Raised birds."
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 15 - Commercial Fowl Hunting Preserves. › Section 9-11-414 - Limits on Harvest; Hunting Period for "Pen-Raised birds."
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Section 9-11-414
Limits on harvest; hunting period for "pen-raised birds."
There shall be no daily commercial limit as to the number of released pen-raised birds commercially taken or recovered by patrons under this article. The period during which pen-raised birds may be hunted, taken, captured, killed, or otherwise recovered on preserves shall begin on October 1 each year and extend through March 31 of the following calendar year.
(Acts 1979, No. 79-431, p. 678, §5; Act 2010-398, p. 653, §1; Act 2010-697, p. 1688, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-15/section-9-11-415/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 15 - Commercial Fowl Hunting Preserves.›Section 9-11-415 - Tagging of Bob-White Quail; Operators to Cooperate With Commissioner of Conservat...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 15 - Commercial Fowl Hunting Preserves. › Section 9-11-415 - Tagging of Bob-White Quail; Operators to Cooperate With Commissioner of Conservation and Natural Resources; Tagging Generally.
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Section 9-11-415
Tagging of bob-white quail; operators to cooperate with Commissioner of Conservation and Natural Resources; tagging generally.
Repealed by Acts 2010-398, p. 653, §2, and 2010-697, p. 1688, §2, effective July 1, 2010.
(Acts 1979, No. 79-431, p. 678, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-15/section-9-11-416/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 15 - Commercial Fowl Hunting Preserves.›Section 9-11-416 - Records of Hunters and Amount and Species of Game Taken; Inspection.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 15 - Commercial Fowl Hunting Preserves. › Section 9-11-416 - Records of Hunters and Amount and Species of Game Taken; Inspection.
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Section 9-11-416
Records of hunters and amount and species of game taken; inspection.
Repealed by Acts 2010-398, p. 653, §2, and 2010-697, p. 1688, §2, effective July 1, 2010.
(Acts 1979, No. 79-431, p. 678, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-15/section-9-11-417/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 15 - Commercial Fowl Hunting Preserves.›Section 9-11-417 - Hunting Licenses Required of Preserve Patrons; Seven-Day License; Operators as Ag...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 15 - Commercial Fowl Hunting Preserves. › Section 9-11-417 - Hunting Licenses Required of Preserve Patrons; Seven-Day License; Operators as Agent Vendors of Licenses.
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Section 9-11-417
Hunting licenses required of preserve patrons; seven-day license; operators as agent vendors of licenses.
(a) Except for patrons hunting artificially propagated or pen-raised birds on preserves licensed pursuant to subsection (b) of Section 9-11-413, Alabama hunting licenses shall be required of all persons hunting on licensed hunting preserves. Alabama residents shall be licensed under the regularly established game laws. Each non-resident hunting on a licensed preserve shall be required to possess a regular non-resident annual hunting license or a non-resident trip hunting license.
(b) In lieu of a regular hunting license as provided in subsection (a), either a resident or a non-resident may purchase a seven-day commercial bird hunting preserve license that allows that person the privilege of hunting only artificially propagated or pen-raised birds as designated by the Commissioner of Conservation and Natural Resources as legal to hunt on a licensed commercial bird hunting preserve. The cost of a seven-day commercial bird hunting preserve license shall be eight dollars ($8), plus a two dollar ($2) issuance fee. The license shall be valid for seven consecutive days from the date of issuance.
(c) To better serve the public and in order that the state will not lose revenue from the loss of sale of licenses to out-of-state visitors arriving on weekends, each hunting preserve operator licensed pursuant to this article shall be an agent vendor of all non-resident and resident hunting licenses with any issuance fees collected therefor to be remitted to the judge of probate of the county in which the preserve is located.
(Acts 1979, No. 79-431, p. 678, §8; Acts 1992, 2nd Ex. Sess., No. 92-702, p. 172, §1; Act 2010-398, p. 653, §1; Act 2010-697, p. 1688, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-15/section-9-11-418/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 15 - Commercial Fowl Hunting Preserves.›Section 9-11-418 - Enforcement of Game and Fish Laws; Inspection of Preserves.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 15 - Commercial Fowl Hunting Preserves. › Section 9-11-418 - Enforcement of Game and Fish Laws; Inspection of Preserves.
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Section 9-11-418
Enforcement of game and fish laws; inspection of preserves.
Duly authorized agents of the state Department of Conservation and Natural Resources, game wardens and other law enforcement officers duly authorized to enforce game and fish laws shall have authority to enforce all game and fish laws and regulations on such preserves; and for such purposes are authorized to enter and inspect licensed hunting preserves.
(Acts 1979, No. 79-431, p. 678, §9.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-15/section-9-11-419/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 15 - Commercial Fowl Hunting Preserves.›Section 9-11-419 - Violations; License Revocation.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 15 - Commercial Fowl Hunting Preserves. › Section 9-11-419 - Violations; License Revocation.
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Section 9-11-419
Violations; license revocation.
Any person, firm or corporation who is found guilty of operating a licensed hunting preserve in violation of any provision of this article, upon conviction, shall have his hunting preserve license revoked forthwith.
(Acts 1979, No. 79-431, p. 678, §10.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-16/section-9-11-430/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 16 - Preservation of Wetlands and Hunting of Migratory Waterfowl.›Section 9-11-430 - Definitions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 16 - Preservation of Wetlands and Hunting of Migratory Waterfowl. › Section 9-11-430 - Definitions.
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Section 9-11-430
Definitions.
Whenever used in this article, the following words and terms shall have the following respective meaning unless the context clearly indicates otherwise:
(1) MIGRATORY WATERFOWL. Any wild duck, wild goose, brant or coot (poule d'eau).
(2) DEPARTMENT. State Department of Conservation and Natural Resources.
(3) STAMP. The state migratory waterfowl stamp furnished by the department.
(Acts 1979, No. 79-545, p. 985, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-16/section-9-11-431/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 16 - Preservation of Wetlands and Hunting of Migratory Waterfowl.›Section 9-11-431 - Construction of Article; Purpose Thereof.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 16 - Preservation of Wetlands and Hunting of Migratory Waterfowl. › Section 9-11-431 - Construction of Article; Purpose Thereof.
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Section 9-11-431
Construction of article; purpose thereof.
This article shall be construed in furtherance of the purpose thereof, which is to insure the procurement, development, restoration, maintenance or preservation of wetlands for migratory waterfowl habitat.
(Acts 1979, No. 79-545, p. 985, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-16/section-9-11-432/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 16 - Preservation of Wetlands and Hunting of Migratory Waterfowl.›Section 9-11-432 - Stamp Required for Hunting Migratory Waterfowl; Form; Procedure.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 16 - Preservation of Wetlands and Hunting of Migratory Waterfowl. › Section 9-11-432 - Stamp Required for Hunting Migratory Waterfowl; Form; Procedure.
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Section 9-11-432
Stamp required for hunting migratory waterfowl; form; procedure.
A person may not hunt migratory waterfowl within the State of Alabama or its coastal waters without first procuring a state migratory waterfowl stamp. The stamp shall be validated by the signature of the hunter written across the face of the stamp in ink. The stamp shall be in the possession of the hunter while the hunter is hunting or taking migratory waterfowl. The form of the stamp shall be determined by the department and the department shall furnish the stamps to the judge of probate or issuing officer of the counties or to other authorized license agents as provided in Section 9-11-433 for issuance or sale in the same manner as state hunting licenses are issued or sold.
(Acts 1979, No. 79-545, p. 985, §3; Act 98-615, p. 1355, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-16/section-9-11-433/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 16 - Preservation of Wetlands and Hunting of Migratory Waterfowl.›Section 9-11-433 - Issuance of Annual Stamp; Lifetime Migratory Waterfowl Stamp; Fees; Issuing Agent...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 16 - Preservation of Wetlands and Hunting of Migratory Waterfowl. › Section 9-11-433 - Issuance of Annual Stamp; Lifetime Migratory Waterfowl Stamp; Fees; Issuing Agents; Refund for Unsold Stamps.
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Section 9-11-433
Issuance of annual stamp; lifetime migratory waterfowl stamp; fees; issuing agents; refund for unsold stamps.
(a) A stamp shall be issued to each hunting license applicant by the judge of probate or issuing officer of any county of the state or other authorized license agent as provided herein upon the payment of a fee of ten dollars ($10). Each stamp shall be valid for the duration of one hunting season as established by the department. Stamps shall be available for sale prior to any waterfowl season, including any special season which may precede the regular season. The stamp fee provided in this subsection shall be subject to periodic adjustments by the Department of Conservation and Natural Resources based on increases in the Consumer Price Index in the same manner as other fishing and hunting licenses and fees are adjusted pursuant to Section 9-11-68.
(b) In lieu of an annual stamp, a lifetime migratory waterfowl stamp may be purchased by or for individuals meeting the residency requirements set out in Section 9-11-44 for the following license fees:
(1) Persons less than two years old, one hundred thirty dollars ($130).
(2) Persons age two through 11 years old, one hundred seventy dollars ($170).
(3) Persons age 12 through 49 years, two hundred ten dollars ($210).
(4) Persons age 50 years and above, one hundred thirty dollars ($130).
(5) The stamp fee provided in this subsection may be subject to periodic adjustments by the Department of Conservation and Natural Resources upon approval of the commissioner based on increases in the Consumer Price Index in the same manner as other fishing and hunting licenses and fees are adjusted pursuant to Section 9-11-68.
(6) In addition to the license fee provided by this subsection, there shall be a twenty dollar ($20) issuance fee collected and deposited in the State Treasury to the credit of the Department of Conservation and Natural Resources for the development of waterfowl habitat.
(c) The judge of probate, or issuing officer, or other authorized license agent as provided herein shall be allowed a fee of one dollar ($1) for each license issued, which issuing fee shall be in addition to the cost of the stamp and shall be subject to adjustment as provided for in Section 9-11-68. In counties where the judge of probate or issuing officer is on the fee system, the issuing fee shall be retained by the judge of probate or issuing officer, and in counties where the judge of probate or issuing officer is on a salary basis, the fee shall be paid into the county treasury to the credit of the appropriate fund.
(d) Other license agents as authorized by the Department of Conservation and Natural Resources may issue migratory waterfowl stamps, provided the other authorized license agents prepurchase sheets of stamps for resale at face value plus the issuance fee provided herein. An agent shall place an initial order for one or more sheets of 10 stamps each for the license year. At the end of the license period, the agent may return unsold stamps for a refund.
(Acts 1979, No. 79-545, p. 985, §4; Act 98-615, p. 1355, §1; Act 2016-384, p. 1025, §1; Act 2018-551, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-16/section-9-11-434/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 16 - Preservation of Wetlands and Hunting of Migratory Waterfowl.›Section 9-11-434 - Revenue Used in Preservation of Wetlands; Contracts With Non-Profit Organizations...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 16 - Preservation of Wetlands and Hunting of Migratory Waterfowl. › Section 9-11-434 - Revenue Used in Preservation of Wetlands; Contracts With Non-Profit Organizations for Project Outside United States.
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Section 9-11-434
Revenue used in preservation of wetlands; contracts with non-profit organizations for project outside United States.
The revenue derived from the sale of the stamp provided for herein shall be remitted to the department on the first day of each month by the judge of probate or issuing officer and shall be covered into the State Treasury to the credit of the Game and Fish Fund and shall be used for projects approved by the department for the procurement, development, restoration, maintenance or preservation of wetlands, for waterfowl habitat, and the development or improvement of controlled public waterfowl hunting areas, except that part which is specified by the department for use in paying administrative expenses. No part of revenues derived from the sale of this stamp shall be used to pay administrative expenses not directly related to waterfowl management and no part of revenues shall be used to pay enforcement expenses.
No part of the revenues derived from the sale of this stamp shall be used to replace revenues and allocations presently being made by the department for management of waterfowl refuges and public waterfowl hunting areas.
No part of the revenues derived from the sale of this stamp shall be used to maintain, procure or restore habitat for other wild game except where their occurrence is coexistent with migratory waterfowl. The department may enter into contracts with non-profit organizations for the use of one-half of such funds outside the United States if the department finds that such contracts are necessary for carrying out the purposes of this article.
(Acts 1979, No. 79-545, p. 985, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-16/section-9-11-435/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 16 - Preservation of Wetlands and Hunting of Migratory Waterfowl.›Section 9-11-435 - Requirements for Approval of Outside United States Projects.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 16 - Preservation of Wetlands and Hunting of Migratory Waterfowl. › Section 9-11-435 - Requirements for Approval of Outside United States Projects.
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Section 9-11-435
Requirements for approval of outside United States projects.
Before approving and allocating funds for a proposed project to be undertaken outside the United States, the department shall obtain evidence that the project is acceptable to the government agency having jurisdiction over the lands and waters affected by the project.
(Acts 1979, No. 79-545, p. 985, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-17/section-9-11-450/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 17 - Commercial Fee Fishing Ponds.›Section 9-11-450 - Permit Required; Rules and Regulations.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 17 - Commercial Fee Fishing Ponds. › Section 9-11-450 - Permit Required; Rules and Regulations.
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Section 9-11-450
Permit required; rules and regulations.
Any person, firm or corporation desiring to operate a "commercial fee fishing pond" (as provided for herein) from which otherwise legally permitted freshwater fish, which are private farm raised or private hatchery produced fish only, may be taken, captured, harvested, or otherwise recovered, may do so upon obtaining an annual "commercial fee fishing pond" letter permit and complying with the provisions of this article and laws relating to the importation and control of exotic fish species.
(Acts 1988, No. 88-578, p. 902, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-17/section-9-11-451/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 17 - Commercial Fee Fishing Ponds.›Section 9-11-451 - Site of Fee Fishing Ponds; Marking of Entrance.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 17 - Commercial Fee Fishing Ponds. › Section 9-11-451 - Site of Fee Fishing Ponds; Marking of Entrance.
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Section 9-11-451
Site of fee fishing ponds; marking of entrance.
Each fee fishing site to be operated hereunder may contain one or more man-made ponds in one tract of leased or owned land. Under no circumstances, however, shall any fishing site as provided for herein, be operated on any public waters of the State of Alabama as defined by Section 9-11-80. The entrance to each fee fishing site shall be clearly marked with a sign, at the top of which shall appear in letters not less than two inches high, the words "LICENSED COMMERCIAL FEE FISHING PONDS".
(Acts 1988, No. 88-578, p. 902, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-17/section-9-11-452/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 17 - Commercial Fee Fishing Ponds.›Section 9-11-452 - Ponds to Be Stocked With Farm or Hatchery Produced Fish.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 17 - Commercial Fee Fishing Ponds. › Section 9-11-452 - Ponds to Be Stocked With Farm or Hatchery Produced Fish.
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Section 9-11-452
Ponds to be stocked with farm or hatchery produced fish.
No ponds shall qualify to be operated hereunder which are stocked with or which contain any fish other than private farm raised or private hatchery produced fish.
(Acts 1988, No. 88-578, p. 902, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-17/section-9-11-453/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 17 - Commercial Fee Fishing Ponds.›Section 9-11-453 - Application Procedure.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 17 - Commercial Fee Fishing Ponds. › Section 9-11-453 - Application Procedure.
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Section 9-11-453
Application procedure.
Any person who desires to operate a fee fishing site as provided for herein shall first file a request with a local conservation officer or with the Department of Conservation and Natural Resources. If it meets the requirements of this article, the operator shall be issued a letter permit to operate such fee fishing site.
(Acts 1988, No. 88-578, p. 902, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-17/section-9-11-454/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 17 - Commercial Fee Fishing Ponds.›Section 9-11-454 - Fishing License Not Required; Letter Permit Prominently Displayed.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 17 - Commercial Fee Fishing Ponds. › Section 9-11-454 - Fishing License Not Required; Letter Permit Prominently Displayed.
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Section 9-11-454
Fishing license not required; letter permit prominently displayed.
Holders of the letter permit issued pursuant to this article, their guests and patrons may, to the extent that said persons fish in accordance with the provisions hereof, fish from the ponds on the approved site without an approved fishing license. The letter permit shall be displayed prominently adjacent to the place where the fish taken from said site are checked and weighed.
(Acts 1988, No. 88-578, p. 902, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-17/section-9-11-455/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 17 - Commercial Fee Fishing Ponds.›Section 9-11-455 - Creel Limits.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 17 - Commercial Fee Fishing Ponds. › Section 9-11-455 - Creel Limits.
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Section 9-11-455
Creel limits.
Creel limits for fish taken from the said fee fishing ponds shall be at the discretion of the operator.
(Acts 1988, No. 88-578, p. 902, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-17/section-9-11-456/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 17 - Commercial Fee Fishing Ponds.›Section 9-11-456 - Selling of Fish Caught.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 17 - Commercial Fee Fishing Ponds. › Section 9-11-456 - Selling of Fish Caught.
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Section 9-11-456
Selling of fish caught.
No fish caught or taken from the said fee fishing sites shall be sold or offered to be sold or traded or offered to be traded, except as otherwise provided by law.
(Acts 1988, No. 88-578, p. 902, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-17/section-9-11-457/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 17 - Commercial Fee Fishing Ponds.›Section 9-11-457 - Violations; Fines.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 17 - Commercial Fee Fishing Ponds. › Section 9-11-457 - Violations; Fines.
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Section 9-11-457
Violations; fines.
Any violation of the provisions of this article shall be punishable by a fine of not more than $250.00.
(Acts 1988, No. 88-578, p. 902, §8.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-18/section-9-11-480/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 18 - Protection of Black Bears.›Section 9-11-480 - Legislative Findings.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 18 - Protection of Black Bears. › Section 9-11-480 - Legislative Findings.
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Section 9-11-480
Legislative findings.
The Legislature finds that the black bear (Ursus americanus) is a unique mammal in the State of Alabama requiring special protection.
(Act 2001-634, p. 1223, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-18/section-9-11-481/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 18 - Protection of Black Bears.›Section 9-11-481 - Prohibited Activities; Exceptions; Applicability; Penalties.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 18 - Protection of Black Bears. › Section 9-11-481 - Prohibited Activities; Exceptions; Applicability; Penalties.
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Section 9-11-481
Prohibited activities; exceptions; applicability; penalties.
(a) Except as provided in subsection (b), it shall be unlawful for any individual, corporation, partnership, trust, association, or any other entity to do any of the following:
(1) Hunt, wound, injure, kill, trap, collect, or capture a black bear, or to attempt to engage in that conduct during the closed season for black bear.
(2) Sell, offer for sale, purchase, offer to purchase, deliver, transport, carry, or ship, in intrastate, interstate, or foreign commerce a black bear, whether alive or dead, or any of its parts or products, or to attempt to engage in that conduct. Nothing in this article shall prohibit legal possession of black bear taken legally in other states.
(b) The Alabama Department of Conservation and Natural Resources shall permit, under reasonable terms and conditions as it may prescribe, any act otherwise prohibited by subsection (a) for any of the following purposes:
(1) Scientific or survival research.
(2) Zoological exhibition.
(3) Education.
(4) Any other purposes as may be determined by the Alabama Department of Conservation and Natural Resources.
(c) The prohibitions of subdivision (1) of subsection (a) shall not apply to activities where killing or injuring a black bear is incidental to, and not the purpose of, activities which are otherwise lawful.
(d) Any individual, corporation, partnership, trust, association, or other entity who violates this section shall, upon conviction, be guilty of a Class A misdemeanor, punishable as follows:
(1) For the first offense, by a fine of not less than two thousand dollars ($2,000) and not more than five thousand dollars ($5,000), or imprisonment for not more than one year, or both.
(2) For the second and any subsequent offense, by a fine of not less than three thousand five hundred dollars ($3,500) and not more than five thousand dollars ($5,000), or imprisonment for not less than six months or more than one year, or both.
(3) Any individual shall have all hunting and fishing license privileges revoked for a period of three years from the date of conviction.
(4) Any motor vehicle, weapons, or other property, which has been or is used in any activity prohibited by this section may be confiscated under the same procedures set forth in Section 9-11-252.1.
(Act 2001-634, p. 1223, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-19/section-9-11-500/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 19 - Hunting of Native Game Animals and Certain Nonindigenous Animals.›Section 9-11-500 - Definitions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 19 - Hunting of Native Game Animals and Certain Nonindigenous Animals. › Section 9-11-500 - Definitions.
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Section 9-11-500
Definitions.
For purposes of this article, the following words have the following meanings:
(1) GAME ANIMAL. A species of animal designated by the Commissioner of Conservation and Natural Resources pursuant to Section 9-2-7, as a game or fur-bearing animal, any game or fur-bearing animal that exists historically and naturally in the wild within this state, or any game animal of the species of the family Cervidae (deer) that exists within this state in the wild as a result of the natural expansion of its range prior to May 1, 2006, which are white-tailed deer, fallow deer, and elk.
(2) NONINDIGENOUS ANIMAL. A species of animal, other than birds, that does not exist historically and naturally in the wild within the state or does not exist within the state as a result of the natural expansion of its range.
(3) TAME GAME ANIMAL. An animal that has been held captive as a zoological attraction or exhibit, or any animal, at the time of hunting, not exhibiting the flight characteristics or wariness for the species.
(Act 2006-109, p. 159, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-19/section-9-11-501/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 19 - Hunting of Native Game Animals and Certain Nonindigenous Animals.›Section 9-11-501 - Hunting of Native Game Animals Under Certain Conditions Prohibited.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 19 - Hunting of Native Game Animals and Certain Nonindigenous Animals. › Section 9-11-501 - Hunting of Native Game Animals Under Certain Conditions Prohibited.
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Section 9-11-501
Hunting of native game animals under certain conditions prohibited.
It shall be unlawful for any person to hunt or kill, attempt to hunt or kill, or offer the opportunity to hunt or kill native game animals or any other animal legally permissible to hunt for a fee or other valuable consideration or for recreation under conditions in which the animal hunted does not have a reasonable opportunity to evade the hunter, including, but not limited to, hunting animals that are tied, staked, hobbled, or caged; animals that have been released from confinement less than 10 days; or animals that are taken by aid of any remote controlled or computer aided device. Hunting of native game animals or any other animal legally permissible to hunt within the confines of an enclosure does not in and of itself constitute a violation provided adequate space and escape cover for the species exist to provide the animals with a reasonable opportunity to evade the hunter.
(Act 2006-109, p. 159, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-19/section-9-11-502/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 19 - Hunting of Native Game Animals and Certain Nonindigenous Animals.›Section 9-11-502 - Hunting of Tame Game Animals Prohibited.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 19 - Hunting of Native Game Animals and Certain Nonindigenous Animals. › Section 9-11-502 - Hunting of Tame Game Animals Prohibited.
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Section 9-11-502
Hunting of tame game animals prohibited.
It shall be unlawful for any person to hunt or kill, attempt to hunt or kill, or offer the opportunity to hunt or kill any tame game animal for a fee or other valuable consideration or recreation. The promise or guarantee of, or contract for, killing an individual tame game animal, shall be prima facie evidence of a violation of this article.
(Act 2006-109, p. 159, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-19/section-9-11-503/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 19 - Hunting of Native Game Animals and Certain Nonindigenous Animals.›Section 9-11-503 - Hunting of Nonindigenous Animals Prohibited.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 19 - Hunting of Native Game Animals and Certain Nonindigenous Animals. › Section 9-11-503 - Hunting of Nonindigenous Animals Prohibited.
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Section 9-11-503
Hunting of nonindigenous animals prohibited.
(a) It shall be unlawful for any person to hunt or kill, attempt to hunt or kill, or offer the opportunity to hunt or kill any species of animal nonindigenous to the state including, but not limited to, any species of African or Asian lion, tiger, or elephant for a fee or other valuable consideration or for recreation.
(b) This section does not apply to feral swine or to any species of animal deemed a nuisance by the Commissioner of Conservation and Natural Resources, nor to any nonindigenous animal lawfully brought into this state prior to May 1, 2006, or their offspring; provided the owner of the nonindigenous animal provides written notice to the commissioner of the ownership and location of the species.
(Act 2006-109, p. 159, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-19/section-9-11-504/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 19 - Hunting of Native Game Animals and Certain Nonindigenous Animals.›Section 9-11-504 - Hunting of Pen-Raised Birds.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 19 - Hunting of Native Game Animals and Certain Nonindigenous Animals. › Section 9-11-504 - Hunting of Pen-Raised Birds.
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Section 9-11-504
Hunting of pen-raised birds.
Nothing in this article shall prohibit the hunting of pen-raised birds by properly licensed hunters or by properly licensed persons engaged in the training of bird dogs, or by persons engaged in bird dog field trials as provided by law or rules promulgated by the Commissioner of Conservation and Natural Resources.
(Act 2006-109, p. 159, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-11/article-19/section-9-11-505/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 11 - Fish, Game and Wildlife.›Article 19 - Hunting of Native Game Animals and Certain Nonindigenous Animals.›Section 9-11-505 - Penalties.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 19 - Hunting of Native Game Animals and Certain Nonindigenous Animals. › Section 9-11-505 - Penalties.
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Section 9-11-505
Penalties.
Any person, firm, corporation, or association that violates Sections 9-11-500 to 9-11-504, inclusive, of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000), and may be imprisoned in the county jail for a period of not more than 30 days for each offense. A second and subsequent offense shall be punishable by a fine of not less than five thousand dollars ($5,000), and by imprisonment in the county jail for not less than 10 nor more than 30 days.
(Act 2006-109, p. 159, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-1/section-9-12-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 1 - General Provisions.›Section 9-12-1 - Persons Considered Residents of State; Burden of Proof as to Residence.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › Section 9-12-1 - Persons Considered Residents of State; Burden of Proof as to Residence.
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Section 9-12-1
Persons considered residents of state; burden of proof as to residence.
Except as otherwise provided in this chapter, no person shall be considered a resident of this state, within the meaning of the term used in this chapter, who does not at the time reside in and who shall not have resided in this state for 12 months next preceding the time when any offense with which he is charged may have been committed; and, in all questions arising as to residence under this chapter, the burden of proof shall rest on the defendant.
(Code 1886, §4718; Code 1896, §5573; Code 1907, §7494; Code 1923, §5102; Code 1940, T. 8, §165.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-1/section-9-12-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 1 - General Provisions.›Section 9-12-2 - Summoning Into Service of Posse Comitatus, Boats, etc.; Penalty for Resistance.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › Section 9-12-2 - Summoning Into Service of Posse Comitatus, Boats, etc.; Penalty for Resistance.
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Section 9-12-2
Summoning into service of posse comitatus, boats, etc.; penalty for resistance.
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §1128; Code 1867, §1308; Code 1876, §1616; Code 1886, §4721; Code 1896, §5576; Code 1907, §7497; Code 1923, §5105; Code 1940, T. 8, §166.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-1/section-9-12-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 1 - General Provisions.›Section 9-12-3 - Captains of Licensed Vessels, etc., to Assist Inspectors in Making Arrests; Failure...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › Section 9-12-3 - Captains of Licensed Vessels, etc., to Assist Inspectors in Making Arrests; Failure or Refusal to Aid Inspector Upon Request.
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Section 9-12-3
Captains of licensed vessels, etc., to assist inspectors in making arrests; failure or refusal to aid inspector upon request.
It shall be the duty of every captain of every licensed vessel, when called upon by an inspector so to do, to assist that officer, both in person and with his boat and crew, in making any arrest for any violation of this chapter, and such captains shall use such force at their command as may be necessary in making the arrest when such person attempts to escape or resist arrest, and any captain or member of any crew failing or refusing to aid any inspector when called on shall be guilty of a misdemeanor.
(Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §129.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-1/section-9-12-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 1 - General Provisions.›Section 9-12-4 - Proceedings as to Violations of Chapter - Jurisdiction.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › Section 9-12-4 - Proceedings as to Violations of Chapter - Jurisdiction.
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Section 9-12-4
Proceedings as to violations of chapter - Jurisdiction.
(a) Except as provided in subsection (b), jurisdiction of an alleged violation of this chapter shall be in the district court of the county where the offense is alleged to have been committed.
(b)(1) For the purposes of determining jurisdiction of violations of the marine resources law pursuant to this subsection, the following line is established: The line shall be the centerline of the Mobile Ship Channel as it is located in the Gulf of Mexico, southward to the last navigational buoy, commonly referred to as the "Farewell Buoy," which is located at Latitude 30 degrees 07.490 minutes, Longitude 88 degrees 04.130 minutes, and extending due south from that point.
(2) If a violation of any marine resources law or regulation is alleged to have been committed in the Gulf of Mexico within the waters of the state, the jurisdiction of the offense shall be based on the global positioning system (GPS) location thereof and shall be in Baldwin County if the GPS location of the offense is east of the line described in subdivision (1) and shall be in Mobile County if the GPS location of the offense is west of the line described in subdivision (1).
(3) If a violation of any marine resources law or regulation is alleged to have been committed in the Gulf of Mexico outside the state's territorial waters where the state has jurisdiction over the fishing vessel, recreational or commercial, under the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. §1856, or any other provision of federal law, the jurisdiction of the offense shall be based on the GPS location thereof and shall be in Baldwin County if the GPS location of the offense is east of the line described in subdivision (1) and shall be in Mobile County if the GPS location of the offense is west of the line described in subdivision (1).
(Code 1852, §1123; Code 1867, §1303; Code 1876, §1611; Code 1886, §4722; Code 1896, §5577; Code 1907, §7498; Code 1923, §5106; Code 1940, T. 8, §167; Act 2007-419, p. 891, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-1/section-9-12-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 1 - General Provisions.›Section 9-12-5 - Proceedings as to Violations of Chapter - Hearing; Imposition of Fine and Condemnat...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › Section 9-12-5 - Proceedings as to Violations of Chapter - Hearing; Imposition of Fine and Condemnation and Sale of Boat, etc., Upon Conviction; Discharge of Accused and Release of Boat, Etc.
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Section 9-12-5
Proceedings as to violations of chapter — Hearing; imposition of fine and condemnation and sale of boat, etc., upon conviction; discharge of accused and release of boat, etc.
If upon the hearing the offense is established, the judge of the district court must fine each of the offenders as is provided for in the section of this chapter which is violated or as otherwise provided by law and, if the fine is not paid, must commit him or them to jail and must also condemn the boat, vessel or craft, together with her tackle, apparel, furniture and appurtenances, forfeited to the state, and direct that it be sold and adjudge the cost of the proceeding before him to be paid by the accused. If he is not satisfied from the proof that the accusation is established, he must discharge the accused and release the boat, vessel or craft and other property seized.
(Code 1852, §1124; Code 1867, §1304; Code 1876, §1612; Code 1886, §4723; Code 1896, §5578; Code 1907, §7499; Code 1923, §5107; Code 1940, T. 8, §168.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-1/section-9-12-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 1 - General Provisions.›Section 9-12-6 - Proceedings as to Violations of Chapter - Proceedings Conducted in Name of State; A...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › Section 9-12-6 - Proceedings as to Violations of Chapter - Proceedings Conducted in Name of State; Appeals From Fines and Condemnations; Costs and Fees Where Judgment Affirmed.
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Section 9-12-6
Proceedings as to violations of chapter - Proceedings conducted in name of state; appeals from fines and condemnations; costs and fees where judgment affirmed.
The proceedings before the district court must be carried on in the name of the State of Alabama, and the parties convicted, or either of them, may appeal from the sentence of condemnation and fine following the procedure set forth in Chapter 12 of Title 12. If the judgment is affirmed, costs must be adjudged on behalf of the state, and the district attorney shall be allowed a tax fee of $50.00.
(Code 1852, §1125; Code 1867, §1305; Code 1876, §1613; Code 1886, §4724; Code 1896, §5579; Code 1907, §7500; Code 1923, §5408; Code 1940, T. 8, §169.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-1/section-9-12-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 1 - General Provisions.›Section 9-12-7 - Proceedings as to Violations of Chapter - Bonds for Stay of Sale of Condemned Boats...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › Section 9-12-7 - Proceedings as to Violations of Chapter - Bonds for Stay of Sale of Condemned Boats, etc., Pending Appeal.
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Section 9-12-7
Proceedings as to violations of chapter - Bonds for stay of sale of condemned boats, etc., pending appeal.
The sale of the boat or vessel is not stayed by an appeal unless the appellant enters into a bond in a penalty of twice the value of the boat or vessel, her tackle, etc., the value to be determined by the judge of the district court, with sufficient surety, payable to the State of Alabama, with condition to prosecute the appeal to effect. The bond must be returned, with the other papers in the case, to the circuit court; and, if the judgment of the district court is affirmed, judgment shall be rendered against all the obligors therein for the amount of the fines not paid and for the value of the boat, her tackle, etc., to be ascertained by proof, as well as the costs of the circuit court.
(Code 1852, §1126; Code 1867, §1306; Code 1876, §1614; Code 1886, §4725; Code 1896, §5580; Code 1907, §7501; Code 1923, §5109; Code 1940, T. 8, §170.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-1/section-9-12-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 1 - General Provisions.›Section 9-12-8 - Proceedings as to Violations of Chapter - Procedure for Sale of Condemned Boats, et...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › Section 9-12-8 - Proceedings as to Violations of Chapter - Procedure for Sale of Condemned Boats, etc.; Disposition of Proceeds.
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Section 9-12-8
Proceedings as to violations of chapter - Procedure for sale of condemned boats, etc.; disposition of proceeds.
If the judgment is not stayed by the execution of bond as aforesaid, the sheriff must, after the expiration of 10 days, advertise and sell the boat or vessel, her tackle, etc., in the same manner as the sales under execution and, after deducting all necessary expenses of the seizure and costs of sale, of which he shall render an account on oath, pay the residue to the county treasurer of the county in which the seizure is made, who may allow him 10 percent thereon for his trouble. The money thus received by the treasurer must be held for the same purpose as that arising from fines and forfeitures.
(Code 1852, §1127; Code 1867, §1307; Code 1876, §1615; Code 1886, §4726; Code 1896, §5581; Code 1907, §7502; Code 1923, §5110; Code 1940, T. 8, §171.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 1 - General Provisions.›Section 9-12-9 - Endorsement or Stamp Required to Harvest Specific Species and Species Groups of Mar...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › Section 9-12-9 - Endorsement or Stamp Required to Harvest Specific Species and Species Groups of Marine Resources; Fees.
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Section 9-12-9
Endorsement or stamp required to harvest specific species and species groups of marine resources; fees.
(a) The Commissioner of the Department of Conservation and Natural Resources may require the possession of an endorsement or stamp in order to harvest or attempt to harvest specific species or species groups of marine resources. The commissioner shall establish the requirements and any associated fees for an endorsement or stamp by rule. All fees derived from endorsements or stamps issued pursuant to this section shall be deposited in the Marine Resources Fund and shall only be used for the management and development of the species or species group for which an endorsement or stamp was issued. Any endorsement or stamp required pursuant to this section and any associated fees shall be in addition to any other license or fee otherwise required by law.
(b) For purposes of this section, the term marine resources means those resources subject to the jurisdiction of the Division of Marine Resources of the Department of Conservation and Natural Resources.
(Act 2015-462, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-20 - Ownership and Control of Seafoods.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-20 - Ownership and Control of Seafoods.
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Section 9-12-20
Ownership and control of seafoods.
All seafoods existing or living in the waters of Alabama not held in private ownership legally acquired and all beds and bottoms of rivers, streams, bayous, lagoons, lakes, bays, sounds and inlets bordering on or connecting with the Gulf of Mexico or Mississippi Sound within the territorial jurisdiction of the State of Alabama, including all oysters and other shellfish and parts thereof grown thereon, either naturally or cultivated, shall be, continue and remain the property of the State of Alabama to be held in trust for the people thereof until title thereto shall be legally divested in the manner and form authorized in this article, and the same shall be under the exclusive control of the Department of Conservation and Natural Resources until the right of private ownership shall vest therein as provided in this article.
(Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §112.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-21 - "Natural Oyster Reef" Defined.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-21 - "Natural Oyster Reef" Defined.
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Section 9-12-21
"Natural oyster reef" defined.
A natural oyster reef is declared and defined as not less than one acre in continuous area of any bottoms of any bay, sound, bayou, creek, inlet or any other body of salt or brackish water on which oysters grow naturally, or have grown naturally, in quantity sufficient to warrant fishing for them with hand tongs as a means of a livelihood within a period of five years next preceding the time at which said matter may be presented for consideration and determination by the Director, Marine Resources Division of the Department of Conservation and Natural Resources. But in no case shall an oyster bed be declared or defined to be a natural oyster reef when such bed is located within the limits where the owners of land fronting on such waters where oysters may be grown have the right to create and have created, by artificial means such as planting oysters or oyster shells or by any other means, culture grounds for the growth of oysters and have by these means caused the bottoms on which such beds are located to become hardened so that oysters will grow thereon naturally even though such bed so created exceeds one acre in continuous area and even though after these beds have been artificially created oysters grow naturally thereon, or have grown naturally thereon, in quantity sufficient to warrant fishing for them with hand tongs as a means of livelihood within the period of five years next preceding the time at which said matter may be presented for consideration and determination by the Director, Marine Resources Division of the Department of Conservation and Natural Resources.
(Acts 1915, No. 107, p. 145, §20; Code 1923, §2734; Acts 1933, Ex. Sess., No. 115, p. 111; Code 1940, T. 8, §118.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-22/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-22 - Right of Owners of Land Fronting Public Waters to Plant and Gather Oysters.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-22 - Right of Owners of Land Fronting Public Waters to Plant and Gather Oysters.
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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 respective frontages on the shore, but should the lines thus extended cross each other or seriously interfere with obtaining such mean width, then a line equidistant from the shore lines of the respective owners shall be the boundary between such planting grounds. No riparian right shall vest in any person to any part of the natural and public reefs; provided, that the Department of Conservation and Natural Resources shall have authority to regulate the time, manner, means or place or places for planting oysters or oyster shells.
(Code 1896, §3155; Code 1907, §1581; Acts 1915, No. 107, p. 145, §1; Code 1923, §2724; Acts 1936-37, Ex. Sess., No. 169, p. 192, §2; Code 1940, T. 8, §113.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-23/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-23 - Cancellation of Leases of Riparian Bottoms; Appeals.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-23 - Cancellation of Leases of Riparian Bottoms; Appeals.
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Section 9-12-23
Cancellation of leases of riparian bottoms; appeals.
Should any privately leased riparian bottoms be subsequently determined to be natural oyster reefs, said lease or leases shall be canceled by the Commissioner of Conservation and Natural Resources; and, from the ruling so cancelling such lease or affecting the riparian rights, any person aggrieved may prosecute an appeal to the circuit court of the county in which the alleged natural reef is situated.
(Acts 1915, No. 107, p. 145; Code 1923, §2735; Code 1940, T. 8, §119.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-24/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-24 - Authority and Procedure for Leasing of Bottoms in Natural Oyster Reefs; Cancellati...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-24 - Authority and Procedure for Leasing of Bottoms in Natural Oyster Reefs; Cancellation and Forfeiture of Leases; Disposition of Proceeds From Leases.
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Section 9-12-24
Authority and procedure for leasing of bottoms in natural oyster reefs; cancellation and forfeiture of leases; disposition of proceeds from leases.
In addition to the powers heretofore enumerated, the Commissioner of Conservation and Natural Resources shall have power to lease to any citizen of Alabama or firm or corporation organized under the laws of this state and doing business within its limits, for the purpose of oyster culture, any bottom of the waters of the state in a natural oyster bed or reef in such areas and at such prices and under such conditions as he may determine. Such persons, firms or corporations desiring to avail themselves of the privileges of leasing oyster bottoms shall make application in writing to the Commissioner of Conservation and Natural Resources accompanied by such fee as may be prescribed by the Commissioner of Conservation and Natural Resources, whereupon a competent surveyor, selected by the Commissioner of Conservation and Natural Resources at the expense of the applicant, shall stake off the parcel to be leased, forwarding a description thereof to the Commissioner of Conservation and Natural Resources. The Commissioner of Conservation and Natural Resources shall thereupon sign and issue to said applicant a lease thereon, upon the payment in advance of the rental or lease price, which shall likewise be paid in advance at the beginning of each rental year thereafter during the continuation of the lease. The failure to pay the rental price or to plant less than the number of barrels upon the leased land agreed to or the failure to conform to any conditions of the lease shall ipso facto cancel said lease and shall forfeit to the state the leased bottoms. All funds derived through the leasing of oyster bottoms shall be paid into the Seafoods Fund of the Department of Conservation and Natural Resources.
(Code 1896, §2774; Code 1907, §2727; Code 1923, §2725; Acts 1935, No. 226, p. 618, §11; Code 1940, T. 8, §114.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-25 - Removal of Oysters by Lessees Upon Forfeiture of Lease; Regulations for Protection...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-25 - Removal of Oysters by Lessees Upon Forfeiture of Lease; Regulations for Protection of Rights of Lessees.
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Section 9-12-25
Removal of oysters by lessees upon forfeiture of lease; regulations for protection of rights of lessees.
Upon forfeiture of a lease, the lessee may, in the reasonable discretion of the Commissioner of Conservation and Natural Resources, be allowed additional time to remove from said leased parcel as may seem proper, upon such terms as may be prescribed by the Commissioner of Conservation and Natural Resources, oysters remaining thereon which were planted by said lessee. The Department of Conservation and Natural Resources shall have authority by regulation to protect the lessees of oyster bottoms in their rights as such lessees.
(Code 1923, §2726; Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §115.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-26/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-26 - Dragging of Seines Over Public Reefs or Private Oyster Grounds.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-26 - Dragging of Seines Over Public Reefs or Private Oyster Grounds.
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Section 9-12-26
Dragging of seines over public reefs or private oyster grounds.
It shall be unlawful to drag any seines over the public reefs or private oyster grounds in this state.
(Acts 1919, No. 259, p. 242, § 10; Code 1923, §2746; Code 1940, T. 8, §122.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-27/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-27 - Standard Measures for Oysters and Shrimp; Possession, Use for Purchase or Sale, et...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-27 - Standard Measures for Oysters and Shrimp; Possession, Use for Purchase or Sale, etc., of Nonstandard Measures for Oysters or Shrimp; Inspections.
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Section 9-12-27
Standard measures for oysters and shrimp; possession, use for purchase or sale, etc., of nonstandard measures for oysters or shrimp; inspections.
(a) A standard measure for oysters is established which shall consist of a tub or other round vessel of the following dimensions: It shall measure 17 inches in diameter, inside at the bottom, and 21 1/2 inches in diameter, inside at the top, and 14 1/2 inches, inside, from the bottom to top perpendicularly. Two of these measures filled to the top shall make one barrel, and all oysters bought and sold in this state in the shell shall be measured in a measure of these dimensions or a measure holding a fraction or multiple thereof.
(b) A standard measure for shrimp is established which shall consist of a container holding not less than 210 pounds of raw shrimp with heads or 125 pounds of raw shrimp without heads.
(c) It shall be unlawful for any person to have in his possession any measure for oysters in the shell or shrimp which shall differ from the measure provided for in this section or demand or require a greater or less measure in buying or selling, and no vessel, container or measure shall be used in buying or selling oysters or shrimp until it has been measured and stamped by an inspector of the Division of Marine Resources. The said inspector shall visit from time to time each place where oysters or shrimp are bought and sold for the purpose of determining whether the terms of the provisions of this section are complied with.
(Code 1896, §2160; Code 1907, §1585; Code 1923, §2729; Code 1940, T. 8, §116; Acts 1953, No. 711, p. 966, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-28 - Oysters Management Stations; Harvest Records.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-28 - Oysters Management Stations; Harvest Records.
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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 required for the completion of the oyster harvest record and shall retain the original of the oyster harvest record in his or her possession while transporting oysters taken from the public reefs or water bottoms of this state. Oysters shall only be sold to seafood dealers certified by the state Department of Public Health and licensed by the division. The oyster harvest record shall be available for inspection upon request by any agent of the Department of Conservation and Natural Resources or the state Department of Public Health. A violation of this section or any rule promulgated hereunder shall constitute a Class B misdemeanor, punishable as provided by Sections 13A-5-7 and 13A-5-12.
(Acts 1919, No. 259, p. 242, §17; Code 1923, §2753; Acts 1931, No. 361, p. 424, §15; Code 1940, T. 8, §123; Act 2010-699, p. 1692, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-29/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-29 - Patrol Boats.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-29 - Patrol Boats.
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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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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-30 - Patrolling of Private Oyster Reefs.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-30 - Patrolling of Private Oyster Reefs.
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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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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-31/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-31 - Boarding of Boats, etc., and Entrance Into Places of Business to Investigate Compl...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-31 - Boarding of Boats, etc., and Entrance Into Places of Business to Investigate Compliance With Laws.
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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, §31, p. 192; Code 1940, T. 8, §149.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-32/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-32 - Surveys and Marking of Private Reefs; Filing of Plats and Lists of Agents and Perm...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › 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.
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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, bottom, or reef as the owner's agent or permittee. Plats and lease agreements shall be provided to the division in such a manner as to remain current. The director of the division may require private oyster leases to be resurveyed every five years or at any time the director determines that the private leased area has substantially changed. The agent or permittee shall have in his or her possession at all times while on the bed, bottom, or reef a written, dated permit from the owner, which permit shall extend for a period not exceeding 30 days from the date of signature of the owner or lessor. Failure of the permittee or agent to have the permit in his or her possession shall constitute a misdemeanor and, upon conviction thereof, he or she shall be fined not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) and may be imprisoned for a period not exceeding six months.
(Acts 1959, No. 509, p. 1246, §2; Act 2010-699, p. 1692, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-33/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-33 - Culling and Sacking of Oysters.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-33 - Culling and Sacking of Oysters.
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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 oysters under the size prescribed in this section shall be considered a violation of this section. In order that the conservation enforcement officer may arrive at the percentage of unculled oysters the officer may cause to be culled according to law all or any part of cargo or stock on hand, provided that, if any sack in the cargo or stock on hand is found to contain more than 10 percent of cultch material and oysters under three inches in length, it is a violation of this section and the officer may condemn the cargo and stock on hand and cause the same to be reculled and cause the shells and young oysters to be taken to some place designated by an agent of the Division of Marine Resources.
(b) Any person who violates any of the provisions of this section or any rule promulgated hereunder shall be guilty of a misdemeanor and, upon conviction for his or her first offense, he or she shall be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200). Upon a second conviction thereof, he or she shall be punished by a fine of not less than two hundred dollars ($200) nor more than three hundred dollars ($300). Upon a third conviction within two years of the first conviction, he or she shall be punished by a fine of not less than three hundred dollars ($300) nor more than five hundred dollars ($500) and by the suspension of his or her commercial oyster license privileges for six months.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, §9; Code 1940, T. 8, §131; Acts 1945, No. 307, p. 500, §1; Acts 1953, No. 708, p. 964, §1; Acts 1963, 2nd Ex. Sess., No. 25, p. 192; Act 2010-699, p. 1692, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-34/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-34 - Taking of Seed Oysters From Public Reefs; Designation of Seed Oyster Fishing Areas...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-34 - Taking of Seed Oysters From Public Reefs; Designation of Seed Oyster Fishing Areas, Etc.
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Section 9-12-34
Taking of seed oysters from public reefs; designation of seed oyster fishing areas, etc.
Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, §10; Code 1940, T. 8, §132; Acts 1961, Ex. Sess., No. 105, p. 2026, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-35/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-35 - Cultivation, Transplantation, or Replanting of Public Reefs.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-35 - Cultivation, Transplantation, or Replanting of Public Reefs.
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Section 9-12-35
Cultivation, transplantation, or replanting of public reefs.
The Director of the Marine Resources Division, or his or her agents, under the direction and control of the Department of Conservation and Natural Resources, may cultivate, transplant, or replant the public reefs of the state or may employ boats, crews, and laborers to cultivate or replant the public reefs of the state and may employ boats, crews, and laborers to dredge the oysters in the Alabama waters from places where they are too thick and shall spread them on reefs where they are too thin, and the Department of Conservation and Natural Resources, in cultivating the reefs, transplanting, and spreading oysters and shells, may expend such sums as it may deem proper.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, §11; Code 1940, T. 8, §133; Act 2010-699, p. 1692, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-36/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-36 - Taking of Oysters by Use of Mechanical Devices at Night.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-36 - Taking of Oysters by Use of Mechanical Devices at Night.
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Section 9-12-36
Taking of oysters by use of mechanical devices at night.
It shall be unlawful for any person, firm or corporation to fish, catch or take oysters from any of the oyster reefs in the State of Alabama by the use of any tongs, dredge, rake or other mechanical device during the hours between sunset and sunrise of each day.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, § 13; Code 1940, T. 8, §134.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-37/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-37 - Use of Mechanical Rake Dredges, etc., Dredge License.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-37 - Use of Mechanical Rake Dredges, etc., Dredge License.
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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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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-38/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-38 - Laws and Regulations Governing Operators of Private Reefs Utilizing Seed Oysters F...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-38 - Laws and Regulations Governing Operators of Private Reefs Utilizing Seed Oysters From Public Reefs; Notice of Location and Disposition of Seed Oysters on Private Reefs.
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Section 9-12-38
Laws and regulations governing operators of private reefs utilizing seed oysters from public reefs; notice of location and disposition of seed oysters on private reefs.
Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010.
(Acts 1959, No. 632, p. 1538, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-39/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-39 - Purchase of Seed Oysters From Public Reefs by Private Individuals, Etc.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-39 - Purchase of Seed Oysters From Public Reefs by Private Individuals, Etc.
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Section 9-12-39
Purchase of seed oysters from public reefs by private individuals, etc.
Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010.
(Acts 1959, No. 632, p. 1538, §3; Acts 1961, Ex. Sess., No. 107, p. 2027, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-40/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-40 - Supervision of Taking of Oysters by Rake Dredges; Notice of Use of Rake Dredges.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-40 - Supervision of Taking of Oysters by Rake Dredges; Notice of Use of Rake Dredges.
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Section 9-12-40
Supervision of taking of oysters by rake dredges; notice of use of rake dredges.
The taking of live oysters by means of rake dredges as provided for in Sections 9-12-37 through 9-12-41 shall be under the supervision of the Commissioner of Conservation and Natural Resources, and all rights granted to any person, firm or corporation by the provisions of Sections 9-12-37 through 9-12-41 may be exercised only after written notice shall have been given in each instance to the Division of Marine Resources by the person, firm or corporation desiring to use rake dredges as provided in Sections 9-12-37 through 9-12-41.
(Acts 1959, No. 632, p. 1538, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-41/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-41 - Harvesting of Undersized Oysters.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-41 - Harvesting of Undersized Oysters.
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Section 9-12-41
Harvesting of undersized oysters.
Should the private individual, firm or corporation operating under the conditions set forth in Section 9-12-39 or any of the permittees of said individual, firm or corporation be found guilty of harvesting undersize oysters as provided for by regulations governing the harvesting of oysters from public beds, bottoms or reefs on any beds, bottoms or reefs belonging to another individual, firm or corporation or on a public reef, bottom or bed, the conditions and privileges set forth in Section 9-12-39 shall be voided and withdrawn to said individual, firm or corporation and shall not be renewed for a period of one calendar year from the date of the conviction of said individual, firm or corporation or any of its permittees.
(Acts 1959, No. 632, p. 1538, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-42/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-42 - Duty to Replant Oysters and Oyster Shells on Public Reefs; Option to Pay Replantin...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-42 - Duty to Replant Oysters and Oyster Shells on Public Reefs; Option to Pay Replanting Costs, etc.; Penalties.
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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) Should the person, firm, corporation, or association obligated to pay the shell fee fail to remit the fee to the division by the prescribed date, the Department of Conservation and Natural Resources may immediately institute in its name appropriate legal proceedings in any court having jurisdiction thereof to enforce the collection and payment of such amount as may be due as computed by the department, and the seafood dealers license of such person, firm, corporation, or association so in default may be revoked, nor shall any license for any subsequent year or years be issued to the person, firm, corporation, or association as long as the default continues; and, in addition, the person, firm, corporation, or association in default shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500).
(Acts 1923, No. 504, p. 672; Code 1923, §2769; Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §139; Acts 1943, No. 422, p. 388, §1; Acts 1945, No. 308, p. 501, §1; Acts 1961, Ex. Sess., No. 108, p. 2028, §1; Act 2010-699, p. 1692, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-43/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-43 - Taking of Oysters for Replanting on Private Reefs.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-43 - Taking of Oysters for Replanting on Private Reefs.
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Section 9-12-43
Taking of oysters for replanting on private reefs.
Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010.
(Acts 1923, No. 504, p. 672; Code 1923, §2769; Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §139; Acts 1943, No. 422, p. 388, §1; Acts 1945, No. 308, p. 501, §1; Acts 1961, Ex. Sess., No. 108, p. 2028, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-44/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-44 - Tax on Oysters Harvested From Private Reefs for Commercial Purposes.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-44 - Tax on Oysters Harvested From Private Reefs for Commercial Purposes.
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Section 9-12-44
Tax on oysters harvested from private reefs for commercial purposes.
Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010.
(Acts 1923, No. 504, p. 672; Code 1923, §2769; Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §139; Acts 1943, No. 422, p. 388, §1; Acts 1945, No. 308, p. 501, §1; Acts 1961, Ex. Sess., No. 108, p. 2028, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-45/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-45 - Tax on Terrapins Caught, etc., for Commercial Purposes; Minimum Legal Size; Posses...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-45 - Tax on Terrapins Caught, etc., for Commercial Purposes; Minimum Legal Size; Possession of Undersized Terrapins.
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Section 9-12-45
Tax on terrapins caught, etc., for commercial purposes; minimum legal size; possession of undersized terrapins.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1923, No. 504, p. 672; Code 1923, §2769; Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §139; Acts 1943, No. 422, p. 388, §1; Acts 1945, No. 308, p. 501, §1; Acts 1961, Ex. Sess., No. 108, p. 2028, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-46/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-46 - Minimum Weight of Shrimp Taken, etc., for Commercial Purposes; Possession, Sale, e...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-46 - Minimum Weight of Shrimp Taken, etc., for Commercial Purposes; Possession, Sale, etc., of Nonconforming Shrimp.
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Section 9-12-46
Minimum weight of shrimp taken, etc., for commercial purposes; possession, sale, etc., of nonconforming shrimp.
(a) The Commissioner of Conservation and Natural Resources shall set by rule areas that are closed for commercial and recreational shrimping subject to the restrictions provided in subsection (b).
(b)(1) All inside waters, as defined by rules adopted by the Commissioner of the Department of Conservation and Natural Resources, shall be closed to all commercial and recreational shrimping from 6:00 a.m., May 1, to 6:00 a.m., June 1 of each year.
(2) The portion of Mobile Bay that lies within the described area from Mayday Park to Great Point Clear, as defined by rule, shall be closed to commercial and recreational shrimping from 6:00 a.m., August 15, until 6:00 a.m. October 1 of each year.
(c) The commissioner may provide for emergency open or closed seasons for the taking of shrimp due to biological, technical, or environmental factors or for the protection of public health and welfare.
(d) Any person, firm, corporation or association who or which violates this section shall be guilty of a Class C misdemeanor, punishable as provided by law.
(e) Nothing in this section shall be construed to apply to shrimp which are used solely as bait.
(Acts 1939, No. 565, p. 891, §1; Code 1940, T. 8, §161; Acts 1947, No. 49, p. 16, §1; Acts 1951, No. 931, p. 1599, §1; Acts 1967, No. 569, p. 1322, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-47/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-47 - Condemnation, Disposition, etc., of Shrimp Not Fit for Human Consumption.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-47 - Condemnation, Disposition, etc., of Shrimp Not Fit for Human Consumption.
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Section 9-12-47
Condemnation, disposition, etc., of shrimp not fit for human consumption.
No person shall purchase, sell, can, ship or otherwise transport any fresh saltwater shrimp which are not in prime condition, that is, suitable to be eaten by human beings as food; and, upon condemnation by the Director, Marine Resources Division, Department of Conservation and Natural Resources or his assistant of any fresh saltwater shrimp which have deteriorated to the extent that they are not suitable for human consumption, the person, firm, corporation or partnership having such fresh saltwater shrimp so condemned in his possession shall make such disposition thereof as the Director, Marine Resources Division, Department of Conservation and Natural Resources or his assistants may direct.
(Acts 1921, Ex. Sess., No. 12, p. 12, § 8; Code 1923, § 4097; Code 1940, T. 8, § 156.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-49/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-49 - Importation of Shrimp Into State.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-49 - Importation of Shrimp Into State.
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Section 9-12-49
Importation of shrimp into state.
The Commissioner of Conservation and Natural Resources, by regulation, may permit shrimp regardless of size to be imported into this state when such shrimp are legally taken from the waters of another state; provided, that any such shrimp when permitted by regulation to be imported into this state must be accompanied by satisfactory proof that such shrimp were legally taken within the territorial waters of another state.
(Acts 1953, No. 707, p. 964, § 1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-50/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-50 - Regulation of Transportation of Raw Oysters and Shrimp Beyond Boundaries of State.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-50 - Regulation of Transportation of Raw Oysters and Shrimp Beyond Boundaries of State.
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Section 9-12-50
Regulation of transportation of raw oysters and shrimp beyond boundaries of state.
The Department of Conservation and Natural Resources shall have the authority to regulate the time, manner and means for transporting raw oysters or shrimp, except headless or canned shrimp and canned, processed oysters, beyond the boundaries of the State of Alabama and to require all persons, firms, corporations or associations to come to a designated port of entry and then and there pay all taxes on such oysters or shrimp as have been caught within the waters of the State of Alabama and then and there to pay all taxes on such oysters or shrimp before the same are moved or transported or attempted to be moved beyond the boundaries of the state.
(Acts 1936-37, Ex. Sess., p. 169, p. 192, § 29; Code 1940, T. 8, § 148.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-51/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-51 - Tax on Shrimp Taken for Canning, Drying or Shipping Within State.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-51 - Tax on Shrimp Taken for Canning, Drying or Shipping Within State.
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Section 9-12-51
Tax on shrimp taken for canning, drying or shipping within state.
It shall be unlawful to catch or market saltwater shrimp for commercial purposes, that is, for canning, drying or shipping within the state, unless a tax of $.12 per barrel is paid by the person, firm or corporation catching the same for the purpose of canning, drying or shipping or purchasing the same from independent shrimp fishermen for the purpose of canning, drying or shipping, and said tax shall be paid at the Division of Marine Resources headquarters not later than the fifth day of each month. Any person, firm or corporation who is delinquent in paying such tax as provided in this section will be assessed a penalty in the amount of 10 percent of the total tax due and shall also be assessed, as interest, an amount equal to six percent per annum of the sum of the delinquent tax. The said tax each month must be accompanied by a form supplied by the Division of Marine Resources, stating thereon the number of barrels of shrimp handled by said person, firm or corporation during the preceding month, and said tax shall be considered delinquent unless accompanied by said form.
(Acts 1931, No. 361, p. 424, § 8; Acts 1936-37, Ex. Sess., No. 169, p. 192; Acts 1939, No. 564, p. 889, § 1; Code 1940, T. 8, §157; Acts 1953, No. 714, p. 968, § 1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-52/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-52 - Tax on Shrimp Taken for Transportation to Other States.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-52 - Tax on Shrimp Taken for Transportation to Other States.
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Section 9-12-52
Tax on shrimp taken for transportation to other states.
Before any shrimp which have been taken or caught in the waters of this state or the waters within the territorial jurisdiction of this state shall be carried beyond the boundaries of the State of Alabama, they shall be brought to a port of entry designated by the Department of Conservation and Natural Resources, and then and there a tax of $.20 per barrel must be paid. This section is intended to apply only to shrimp which are caught for the purpose of being transported to other states and shall not apply to canned or headless shrimp which have been caught and on which the tax due has been paid.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, § 40; Code 1940, T. 8, § 163.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-53/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-53 - Tax on Shrimp Not to Be Exported.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-53 - Tax on Shrimp Not to Be Exported.
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Section 9-12-53
Tax on shrimp not to be exported.
A tax of $.12 a barrel shall be paid at the office of the Director, Marine Resources Division of the Department of Conservation and Natural Resources, not later than the fifth day of each month on all shrimp taken or caught in the waters of Alabama or waters within the territorial jurisdiction of the State of Alabama or brought into a port in the State of Alabama which are not to be carried or transported beyond the boundary of the state.
(Acts 1939, No. 565, p. 891, § 1; Code 1940, T. 8, § 164.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-54/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-54 - Payment of Taxes.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-54 - Payment of Taxes.
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Section 9-12-54
Payment of taxes.
All taxes mentioned in this article shall be paid by the persons, firms or corporations, commonly known as dealers, factories or shippers, first marketing the oysters, shrimp, terrapins, turtles or other seafood products, and any person who has purchased same from a dealer, factory, shipper or any other person who has paid the tax thereon shall not be taxed again. Said taxes shall be paid to the Director, Marine Resources Division of the Department of Conservation and Natural Resources or any other officers of the Department of Conservation and Natural Resources charged with enforcing the provisions of this article. Unless otherwise provided by law, all taxes, licenses and fines collected under this article shall be forwarded on the first of the following month to the Treasurer to be placed to the credit of the Seafoods Fund.
(Acts 1923, No. 504, p. 672, § 5; Code 1923, § 2770; Acts 1931, No. 361, p. 424, § 11; Code 1940, T. 8, § 128.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-54.1 - Live Saltwater Bait Dealers License.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-54.1 - Live Saltwater Bait Dealers License.
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Section 9-12-54.1
Live saltwater bait dealers license.
Before any person, firm, or corporation engages in the taking, catching, transporting, or selling of live saltwater bait and the transporting of dead saltwater bait for commercial purposes, he or she shall have in his or her possession a live saltwater bait dealers license. "Live saltwater bait" shall be defined by regulation promulgated by the Commissioner of the Department of Conservation and Natural Resources. The license shall be sold and issued by the Department of Conservation and Natural Resources to any live saltwater bait dealer upon payment of a fee of one hundred dollars ($100), which shall entitle the person to sell live saltwater bait from a place of business and operate one designated live bait catcher boat and one transport truck, or two hundred dollars ($200) for the right to sell live saltwater bait from a place of business and operate two designated live bait catcher boats and two transport trucks. Detailed records of transactions involving shrimp shall be maintained at the place of business by seafood dealer licensees and by live saltwater bait dealers who are party to the transaction. The records shall include the name and address of the seller, the date and time of purchase, the amount of purchase (by poundage of purchase), price paid per pound, and shrimp size. Transactions on sales of purchased shrimp shall be totaled daily. These records shall be immediately available for inspection by the Department of Conservation and Natural Resources and shall be maintained for a minimum of 30 days. If the licensee or dealer fails to keep these records, the licensee or dealer is subject to the penalties set forth in Section 9-12-54.7. If the licensee or dealer is found to have kept fraudulent records, the licensee or dealer shall be guilty of a Class A misdemeanor. The Department of Conservation and Natural Resources shall not issue a live saltwater bait dealers license until the applicant has furnished to the Commissioner of Conservation and Natural Resources information as the commissioner may prescribe showing that the applicant has the necessary equipment and facilities to properly keep shrimp and other saltwater species alive for sale as bait. The commissioner, before the issuance of a license, shall cause an inspection of the gear and equipment, place of business, truck, or vessel of the applicant to ascertain if they meet the requirements as set by regulation for keeping bait shrimp and other saltwater species of bait alive. The live saltwater bait dealers license privileges may be suspended at any time during the issuing year that an agent of the Commissioner of Conservation and Natural Resources finds that equipment, gear, truck, or vessel of the licensee no longer meets the minimum requirements for keeping shrimp and other saltwater species alive for sale as bait. Any person who sells, exchanges, barters, or attempts to sell, barter, exchange, or otherwise dispose of live saltwater bait, shall be in violation of Sections 9-12-54.1 through 9-12-54.7 unless he or she first purchases the annual live saltwater bait dealers license.
Acts 1981, No. 81-853, p. 1531, §1; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1; Act 2011-560, p. 1065, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-54.2 - Expiration Date and Purchase of License; Nonresident License Fee.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-54.2 - Expiration Date and Purchase of License; Nonresident License Fee.
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Section 9-12-54.2
Expiration date and purchase of license; nonresident license fee.
All licenses required herein shall expire on the 30th day of September of each year. All receipts shall be deposited to the Marine Resources Fund. Nonresidents transporting and/or selling live or dead saltwater bait shall pay a license fee equal to that charged Alabama residents to conduct the same activity in the state of residence of the applicant and in no event less than double that of citizens of the State of Alabama. Vehicles registered in a state other than Alabama shall not be placed on a resident live bait license.
(Acts 1981, No. 81-853, p. 1531, §2; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1; Act 2011-560, p. 1065, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-54-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-54.3 - Duties of Licensees.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-54.3 - Duties of Licensees.
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Section 9-12-54.3
Duties of licensees.
Each live saltwater bait licensee shall furnish the Marine Resources Division of the Department of Conservation and Natural Resources with the Alabama Marine Police registration number of the boat or boats designated as a live bait catcher boat and the license tag number of the truck or trucks he or she designates to use to transport bait. Boats designated by live saltwater bait dealers as a live bait catcher boat shall not be licensed as commercial shrimping vessels thereafter in that license year. A live saltwater bait licensee shall not substitute another boat or truck without first having the boat or truck inspected and approved by the Marine Resources Division of the Department of Conservation and Natural Resources. Each live bait catcher boat and transport truck shall contain the words "live bait" in letters at least six inches high on the port and starboard sides and the operator of the boat or truck shall have a copy of the licensee's live saltwater bait dealer's license in his or her possession.
All bull minnow traps in possession on board a boat on the waters of Alabama or in use by a licensed saltwater live bait dealer shall be marked with the Alabama boat registration number.
(Acts 1981, No. 81-853, p. 1531, §3; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1; Act 2011-560, p. 1065, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-54.4 - Catching, etc., of Bait; Restrictions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-54.4 - Catching, etc., of Bait; Restrictions.
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Section 9-12-54.4
Catching, etc., of bait; restrictions.
Licensed live saltwater bait catcher boats may, except as otherwise provided by law or regulation, take or catch, or attempt to take or catch, bait shrimp of any size and other saltwater species of bait in waters of the state under the jurisdiction of the Marine Resources Division as defined by rule of the Department of Conservation and Natural Resources not permanently closed to shrimping. Licensed live saltwater bait catchers may take or catch, or attempt to take or catch, live saltwater bait from 4:00 o'clock a.m. until 10:00 o'clock p.m. in areas temporarily closed to commercial shrimping, except as otherwise provided by law or regulation. In an area temporarily closed to commercial shrimping or in an area designated as an exclusive bait area, live saltwater bait may not be taken with any seine or trawl having a width greater than 16 feet as measured at the cork line or main top line. Lengths and widths of leadlines or footropes and trawl boards may be set by regulation. Dead shrimp must be packaged and sold with head attached in lots of no more than five pounds. The holder of a live saltwater bait license may have in his or her possession pursuant to such license not more than two standard shrimp baskets (measuring 17 inches in diameter at the top, 13.5 inches at the bottom and 14 inches in height) of shrimp live or dead on the licensee's boat, not more than two shrimp baskets on his or her truck, and not more than a total of four standard shrimp baskets at the licensee's place of business or otherwise. Any shrimp taken by the licensee may only be sold as bait.
(Acts 1981, No. 81-853, p. 1531, §4; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1; Act 2011-560, p. 1065, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-54.5 - Catching, Etc. of Shrimp by Persons With Recreational Boat Shrimping License.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-54.5 - Catching, Etc. of Shrimp by Persons With Recreational Boat Shrimping License.
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Section 9-12-54.5
Catching, etc. of shrimp by persons with recreational boat shrimping license.
Persons with a recreational boat shrimping license may use a trawl having a width of 16 feet or less as measured at the cork line to catch, or attempt to catch, saltwater shrimp for bait or noncommercial purposes not to exceed five gallons of shrimp per person per day, and unless otherwise provided by law or regulation, only at the same time and in the waters open to commercial shrimping.
(Acts 1981, No. 81-853, p. 1531, §5; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-54.6 - Exclusive Saltwater Bait Areas.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-54.6 - Exclusive Saltwater Bait Areas.
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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 County) shall be designated as exclusive saltwater bait areas and shall remain open to licensed commercial and recreational live saltwater bait shrimping year around during the hours of 4:00 o'clock a.m. until 10:00 o'clock p.m. provided that the shrimping activity complies with all other statutes and regulations promulgated by the Commissioner of the Department of Conservation and Natural Resources concerning shrimping activity. The Commissioner of the Department of Conservation and Natural Resources is authorized to establish by regulation other exclusively commercial and exclusively recreational bait shrimping areas, and to promulgate other rules and regulations as necessary relating to the activities provided for in Sections 9-12-54.1 to 9-12-54.6, inclusive.
(Acts 1981, No. 81-853, p. 1531, §6; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-54.7 - Penalty for Violations.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-54.7 - Penalty for Violations.
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Section 9-12-54.7
Penalty for violations.
Violation of any of the provisions of Sections 9-12-54.1 through 9-12-54.6, inclusive, or any regulation promulgated pursuant to Sections 9-12-54.1 through 9-12-54.6, inclusive, by any person or persons shall be an offense against the State of Alabama, and violators shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the first offense. For a subsequent offense occurring within 36 months of the first offense, the violator shall, upon conviction, be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and the live saltwater bait dealer's license privileges shall be suspended by the Department of Conservation and Natural Resources for six months.
(Acts 1981, No. 81-853, p. 1531, §7; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-61 - Taking, Sale, etc., of Oysters Under Three Inches Long.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-61 - Taking, Sale, etc., of Oysters Under Three Inches Long.
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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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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-62 - Mutilation, etc., of Buoys or Markers.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-62 - Mutilation, etc., of Buoys or Markers.
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Section 9-12-62
Mutilation, etc., of buoys or markers.
It shall be unlawful for any person, firm, corporation or association, by himself or itself or through his or its agent, to mutilate, destroy or remove any buoy or other marker placed, set or stationed by the Department of Conservation and Natural Resources or its duly authorized agent or stationed by any lessee of oyster bottoms or other person authorized to place, set or station any buoy or other marker on the public reefs, beds and bottoms of the State of Alabama.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, § 35; Code 1940, T. 8, §150.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-63 - Use of Unlicensed Boats, etc., to Take, etc., Oysters or Shrimp.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-63 - Use of Unlicensed Boats, etc., to Take, etc., Oysters or Shrimp.
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Section 9-12-63
Use of unlicensed boats, etc., to take, etc., oysters or shrimp.
It shall be unlawful for any person, firm, corporation or association to take or catch or attempt to take or catch any oysters or shrimp by the use of any boat, barge or watercraft which has not been duly licensed by the Department of Conservation and Natural Resources.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, §36; Code 1940, T. 8, §151.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-64 - Sale, Purchase, etc., of Shrimp or Oysters Taken by Unlicensed Tongers, Boats, Etc...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-64 - Sale, Purchase, etc., of Shrimp or Oysters Taken by Unlicensed Tongers, Boats, Etc.
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Section 9-12-64
Sale, purchase, etc., of shrimp or oysters taken by unlicensed tongers, boats, etc.
It shall be unlawful for any person, firm, corporation or association to sell or offer for sale or to buy or offer to buy any oysters or shrimp which have been taken or caught by any unlicensed tonger or by an unlicensed dredge or by an unlicensed boat, barge or other unlicensed watercraft.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, § 37; Code 1940, T. 8, §152.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-65 - Sale, etc., of Shrimp or Oysters to Persons, etc., Failing to Comply With Provisio...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-65 - Sale, etc., of Shrimp or Oysters to Persons, etc., Failing to Comply With Provisions of Article.
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Section 9-12-65
Sale, etc., of shrimp or oysters to persons, etc., failing to comply with provisions of article.
It shall be unlawful for any person to sell, barter, exchange, give or deliver to any person, firm or corporation doing business in Alabama any saltwater shrimp or oysters after having been notified in writing by the Department of Conservation and Natural Resources or its agent to the effect that such person, firm or corporation which the Department of Conservation and Natural Resources shall name in its notice has failed or refused to pay the tax on saltwater shrimp or oysters or to make the reports in writing required by law or has failed to comply with the other provisions of this article, and in the event such saltwater shrimp or oyster catcher or master of a boat handling saltwater shrimp or oysters sells, exchanges, barters, gives or delivers saltwater shrimp or oysters to the person, firm or corporation named in the notice as not having complied with the provisions of this article, the Department of Conservation and Natural Resources shall enter a cancellation of the license to take or catch saltwater shrimp or oysters or do business against the person or master of the boat offending against this section, which license shall not be reissued except at the discretion of the Commissioner of Conservation and Natural Resources.
(Code 1907, §4086; Acts 1919, No. 259, p. 242, §1 1/2; Acts 1919, No. 275, p. 252, §7 1/2; Code 1923, §2739; Code 1940, T. 8, §121.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-66 - Collection of Fees, Taxes, Penalties, etc., Under Article, etc.; Prosecutions for...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-66 - Collection of Fees, Taxes, Penalties, etc., Under Article, etc.; Prosecutions for Violations of Laws as to Taking, Canning or Shipment of Oysters.
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Section 9-12-66
Collection of fees, taxes, penalties, etc., under article, etc.; prosecutions for violations of laws as to taking, canning or shipment of oysters.
The district attorney of any county bordering on salt or brackish water or within whose boundary there is a body of salt or brackish water shall institute in the name of the State of Alabama any necessary proceedings to collect any sums due the Department of Conservation and Natural Resources for any fees, licenses, taxes, penalties or other charges that may be levied under this article or any rules and regulations made by said Department of Conservation and Natural Resources under the powers conferred on said Department of Conservation and Natural Resources. Any sums collected in said proceedings shall be paid into the General Fund of the Department of Conservation and Natural Resources. The district attorney shall also prosecute the offender for any violation of the laws of this state pertaining to the taking, canning or shipment of oysters.
(Code 1907, §5122; Acts 1915, No. 107, p. 145; Acts 1919, No. 259, p. 242; Code 1923, §2730; Code 1940, T. 8, §117.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-1/section-9-12-67/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 1 - General Provisions.›Section 9-12-67 - Sacking and Tagging Oysters; Penalties.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-67 - Sacking and Tagging Oysters; Penalties.
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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, repacked, or processed. Upon reaching the destination, if less than the entire sack or container is to be opened at one time, the tag shall remain attached until the last oyster is removed. Upon emptying each sack or container or retagging with a certified dealer's tag, the harvester tag shall immediately be removed and filed or disposed of as required by rule of the state Department of Public Health. Sacks or containers of oysters imported into this state shall be tagged and identified as required by rule of the state Department of Public Health. It shall be unlawful to possess empty sacks or containers with oyster tags attached thereto.
(b) Oysters taken from private lease bottoms or oyster aquaculture sites for commercial purposes may be tagged in individual sacks, containers, or in bulk 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 and rules adopted by the Commissioner of the Department of Conservation and Natural Resources.
(c) It shall be unlawful for any person, firm, or corporation to sell, purchase, or possess oysters in violation of this section and upon conviction, persons, firms, or corporations shall be guilty of a Class C misdemeanor.
(d) Tags shall be purchased at a cost of twenty-five cents ($.25) per tag for sacks or containers and one dollar ($1) per tag for bulk tags, plus cost of printing rounded to the nearest five cents, from the Department of Conservation and Natural Resources, Division of Marine Resources, or its duly authorized agents. Receipts shall be deposited to the credit of the Marine Resources Fund and shall be used solely for cultch planting and other oyster management purposes.
(Acts 1987, No. 87-560, §§1-3; Act 2010-699, p. 1692, §1; Act 2018-452, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-2/section-9-12-80/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 2 - Licenses Generally.›Section 9-12-80 - License Fees for Nonresidents.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 2 - Licenses Generally. › Section 9-12-80 - License Fees for Nonresidents.
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Section 9-12-80
License fees for nonresidents.
Those who are not bona fide residents of the State of Alabama and boats owned or operated by persons who are not bona fide residents of this state and boats of foreign corporations or boats taking oysters out of the state shall pay the same fee as that charged Alabama residents or boats to fish or conduct the same activity in the applicant's state of residence; and to provide that in no event shall nonresidents and boats pay less than twice the cost for said licenses that Alabama residents pay and further provided, that where the amount of nonresident license fee is stipulated by the law creating the same, this amount shall govern; and further provided, that this section shall not apply to citizens of other states which have reciprocal fishing agreements with this state.
(Code 1886, §4164; Code 1896, §5584; Code 1907, §7505; Acts 1921, Ex. Sess., No. 12, p. 12; Code 1923, §§2737, 4078, 5113; Code 1940, T. 8, §120; Acts 1953, No. 799, p. 1091, §1; Acts 1987, No. 87-561, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-2/section-9-12-82/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 2 - Licenses Generally.›Section 9-12-82 - License Required for Taking of Oysters for Commercial Purposes; Penalty; Aquacultu...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 2 - Licenses Generally. › Section 9-12-82 - License Required for Taking of Oysters for Commercial Purposes; Penalty; Aquaculture License; Disposition of Funds.
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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 approved activities for the licensed facility without possessing an individual oyster catcher license. Authorized employees shall meet the requirements for harvest in accordance with all other rules of the Department of Conservation and Natural Resources and the state Department of Public Health. The license shall expire annually on September 30 and shall be two hundred fifty dollars ($250).
(c) A violation of this section shall be a Class C misdemeanor.
(d) The proceeds from the sale of the license shall be deposited to the credit of the Marine Resources Fund and the license shall expire on September 30 of each year.
(Acts 1953, No. 796, p. 1089, §1; Acts 1981, No. 81-850, p. 1528, §1; Acts 1984, 2nd Ex. Sess., No. 85-48, p. 71, §1; Acts 1988, No. 88-577, p. 897, §2; Act 2018-452, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-2/section-9-12-83/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 2 - Licenses Generally.›Section 9-12-83 - License Required for Taking of Oysters for Commercial Purposes; Penalty; Dispositi...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 2 - Licenses Generally. › Section 9-12-83 - License Required for Taking of Oysters for Commercial Purposes; Penalty; Disposition of Proceeds From Sale of Licenses - Disposition of Proceeds From Sale.
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Section 9-12-83
License required for taking of oysters for commercial purposes; penalty; disposition of proceeds from sale of licenses - Disposition of proceeds from sale.
All moneys accruing from the sale of such licenses shall be deposited in the State Treasury to the credit of the Seafoods Fund.
(Acts 1953, No. 796, p. 1089, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-2/section-9-12-85/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 12 - Marine Resources.›Article 2 - Seafoods.›Division 2 - Licenses Generally.›Section 9-12-85 - Affidavits of Applicants for Licenses for Boats or Vessels.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 2 - Licenses Generally. › Section 9-12-85 - Affidavits of Applicants for Licenses for Boats or Vessels.
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Section 9-12-85
Affidavits of applicants for licenses for boats or vessels.
When application is made for a license for any boat or vessel which is not enrolled in the customhouse of the United States, other than skiffs or vessels of one ton burden or less, the applicant for such license shall make an affidavit as to the tonnage of said boat or vessel before some officer authorized to administer oaths, which affidavit shall be attached to his application for a license. For this purpose any member of the Department of Conservation and Natural Resources, the Director, Marine Resources Division of the Department of Conservation and Natural Resources, and all inspectors are authorized to administer the necessary oath for said affidavit. It shall be the duty of the Director, Marine Resources Division of the Department of Conservation and Natural Resources to verify the said affidavit by having the measurement of said boat taken when he shall be of the opinion that any boat is not paying a proper license fee.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, §15; Code 1940, T. 8, §136.)
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