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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-2/section-9-12-87/
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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 9-12-87 - License for Dredge.
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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 9-12-87 - License for Dredge.
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Section 9-12-87
License for dredge.
Every dredge authorized to be used in catching or removing oysters from the public reefs, beds or bottoms of this state shall be licensed by the Department of Conservation and Natural Resources. Before such license is issued, the applicant shall pay to the department of conservation and natural resources or its duly authorized agent a fee of $25.00 for each and every dredge used in taking or catching oysters. The license so issued shall be dated and shall be effective only for the season issued and then only in a manner and place and at a time under regulations and authority of the Department of Conservation and Natural Resources.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, §21; Code 1940, T. 8, §140.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-2/section-9-12-93/
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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 9-12-93 - License for Boat Used for Taking or Carrying Shrimp.
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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 9-12-93 - License for Boat Used for Taking or Carrying Shrimp.
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Section 9-12-93
License for boat used for taking or carrying shrimp.
It shall be unlawful for any person to use any boat for the purpose of drawing a seine or trawl used in catching shrimp or hauling or carrying shrimp without first having secured an annual license due and payable on or before the opening date of the season as set by the Commissioner of Conservation and Natural Resources in each and every year as follows: For each and every boat owned by a resident of this state, there shall be an annual license fee of fifty dollars ($50) for commercial boats under 30 feet in length, seventy-five dollars ($75) for commercial boats from 30 to 45 feet in length, one hundred dollars ($100) on commercial boats over 45 feet in length, and fifteen dollars ($15) on all recreational boats regardless of length. Recreational boats can use trawls of 16 feet or less as measured at the cork line or main top line to catch, or attempt to catch, shrimp for bait or noncommercial purposes, not to exceed five gallons per person aboard per day only at the same time and in waters open to commercial shrimping. Nonresidents shall pay a license fee equal to that paid by Alabama residents or boats to shrimp in their state but no less than double the amount provided for above, except where a nonresident is a resident of a state which has a reciprocal fishing agreement with the State of Alabama where the state does not itself charge residents of Alabama license fees in excess of those charged residents of that state. All proceeds from licenses under this section shall be placed to the credit of the Marine Resources Fund.
(Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §155; Acts 1961, Ex. Sess., No. 106, p. 2026, §1; Acts 1988, No. 88-577, p. 897, §4; Acts 1994, No. 94-618, p. 1150, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-2/section-9-12-94/
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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 9-12-94 - Persons Taking Oysters or Shrimp to Have Licenses in Possession.
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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 9-12-94 - Persons Taking Oysters or Shrimp to Have Licenses in Possession.
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Section 9-12-94
Persons taking oysters or shrimp to have licenses in possession.
All persons to whom a license is issued to catch oysters or shrimp must have the same constantly in their possession while taking oysters or shrimp, and it shall be unlawful to take oysters or shrimp unless a properly issued license to do so is in the possession of the person operating a boat engaged in taking oysters or shrimp or other persons engaged therein.
(Acts 1919, No. 259, p. 242, §21; Code 1923, §2756; Code 1940, T. 8, §124.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-2/section-9-12-95/
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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 9-12-95 - Commercial Party Boat License; Fee; Requirements; Expiration; Penalty.
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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 9-12-95 - Commercial Party Boat License; Fee; Requirements; Expiration; Penalty.
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Section 9-12-95
Commercial party boat license; fee; requirements; expiration; penalty.
(a) Any person, firm, or corporation who engages in the business of carrying one or more persons fishing in salt and brackish waters of the State of Alabama for a fee shall purchase a commercial party boat license. The fee for a commercial party boat license shall be $200.00 for boats certified for up to six passengers, $300.00 for boats certified for seven to twenty-five passengers, and $500 for boats certified for more than twenty-five passengers. Upon making application for the license, the applicant shall provide evidence of a United States Coast Guard license for operating a passenger boat. Any law or regulation to the contrary notwithstanding, passengers on the commercial party boats may fish in the territorial waters of Alabama, and land fish in this state caught within or beyond the territorial waters without purchasing a fishing license. Persons to whom the commercial party boat license is issued shall also be issued identification decals in the form and number as determined by the Division of Marine Resources of the Department of Conservation and Natural Resources. The licensees shall place and maintain the decals in the locations on the commercial party boats as specified by the Division of Marine Resources.
(b) Any person who is entitled to purchase a commercial party boat license may procure the license by applying to any judge of probate, license commissioner, or any other authorized officer, stating his or her name, age, and post office box address, and paying to the issuing officer the required fee for the license.
(c) Any license issued pursuant to this section shall not be transferable, and it shall be unlawful to borrow, lend, or alter any license. No license-issuing officer may back date any license. All licenses shall expire on September 30 of each year.
(d) Any violation of this section shall be a Class C misdemeanor punishable as provided by law and with an additional mandatory fine of twice the amount of the required license.
(e) The net revenues derived from the sale of licenses pursuant to this section, shall be remitted to the Department of Conservation and Natural Resources on the first day of each month by the issuing officer and shall be deposited into the State Treasury to the credit of the Marine Resource Fund. Those revenues shall be used solely for the development, protection, and propagation of saltwater sport fisheries in this state.
(Acts 1992, No. 92-245, p. 593, §§1 to 5.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-110/
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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 3 - Additional Regulations.›Section 9-12-110 - Size of Mesh of Seines, Nets or Trawls Used for Taking of Saltwater Fish, Baits,...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-110 - Size of Mesh of Seines, Nets or Trawls Used for Taking of Saltwater Fish, Baits, Etc.
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Section 9-12-110
Size of mesh of seines, nets or trawls used for taking of saltwater fish, baits, etc.
It shall be unlawful to have in possession or use for the taking of saltwater fish or other seafoods seines, nets or trawls with a mesh of a size other than that prescribed by the rules and regulations of the Department of Conservation and Natural Resources of the State of Alabama, where practical, to conform with Louisiana, Mississippi and Florida laws. All measurements of seines, nets and trawls are to be taken from knot to knot after said nets have been tarred and shrunk. The size of the mesh of all seines, nets and trawls and the size of other devices which are used for the sole purpose of taking minnows, shrimp or other baits for use as bait shall conform to the rules and regulations of the Department of Conservation and Natural Resources of the State of Alabama.
(Acts 1943, No. 587, p. 590, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-111/
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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 3 - Additional Regulations.›Section 9-12-111 - Lengths or Widths of Seines, Nets, and Trawls.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-111 - Lengths or Widths of Seines, Nets, and Trawls.
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Section 9-12-111
Lengths or widths of seines, nets, and trawls.
It shall be unlawful for any person, firm or corporation to have in possession on board a boat in the waters of Alabama or in use, any seine, trammel net, gill net or other device for the taking or catching of saltwater fish or other seafoods having in length on the cork or main top line more than 2,400 feet except on purse seines where the Commissioner of Conservation and Natural Resources may set additional length by regulation. When two or more nets are joined together, they shall be considered as one, and the total length thereof must not exceed the above limitation. All nets, seines, or trawls exceeding the prescribed length or width as set by law or regulation may be confiscated and held as evidence, and upon conviction, the nets, seines, or trawls shall be forfeited to the Department of Conservation and Natural Resources which shall dispose of forfeited items as it deems advisable. Any person violating this section or any regulation promulgated pursuant to this section shall be strictly liable and it shall not be necessary to prove any criminal intent for conviction. It shall be unlawful for any person, firm, or corporation to have in use any trawl or trawls, for the taking of shrimp or other seafoods, the total width of which exceeds the measurement as set by regulation.
(Acts 1943, No. 587, p. 590, §2; Acts 1953, No. 715, p. 969, §1; Acts 1995, No. 95-287, p. 535, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-112/
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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 3 - Additional Regulations.›Section 9-12-112 - Garfish Taken to Be Killed Before Returning to Waters.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-112 - Garfish Taken to Be Killed Before Returning to Waters.
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Section 9-12-112
Garfish taken to be killed before returning to waters.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1943, No. 587, p. 590, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-113/
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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 3 - Additional Regulations.›Section 9-12-113 - Licenses or Permits for Commercial Fishing; Net or Seine Permits.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-113 - Licenses or Permits for Commercial Fishing; Net or Seine Permits.
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Section 9-12-113
Licenses or permits for commercial fishing; net or seine permits.
(a) Each license or permit issued by the Commissioner of Conservation and Natural Resources or his or her authorized agent shall state the name of the applicant.
(1) If the applicant is a resident of the State of Alabama, the applicant shall pay the following fees:
a. One hundred dollars ($100) for commercial fishing.
b. Three hundred dollars ($300) on each net or seine permit, plus an additional five hundred dollars ($500) per permit for the taking of Roe Mullet and Spanish Mackerel, as defined by regulation of the Department of Conservation and Natural Resources.
c. One thousand five hundred dollars ($1,500) for each purse seine license.
(2) Nonresidents shall pay the following fees:
a. Two hundred dollars ($200) for commercial fishing.
b. One thousand five hundred dollars ($1,500) for each net or seine permit, plus an additional two thousand five hundred dollars ($2,500) per permit for the taking of Roe Mullet and Spanish Mackerel, as defined by regulation of the Department of Conservation and Natural Resources.
c. Three thousand dollars ($3,000) for each purse seine license except where the nonresident of the State of Alabama is a resident of a state which has a reciprocal fishing agreement with the State of Alabama, in which case the fee shall be the same as the fee for an Alabama resident in that state.
(3) A commercial fishing license shall be required for any person to do any of the following:
a. Sell or attempt to sell finfish or take or attempt to take, by the use of hook and line, rod and reel, cast net, gig, trot line, spear gun, or bow and arrow, or other gear as defined by regulation or to possess or transport for commercial purposes finfish from those waters under the jurisdiction of the Marine Resources Division of the Department of Conservation and Natural Resources, as provided in Rule 220-2-.42, Alabama Administrative Code.
b. Possess finfish for commercial purposes on board a boat in those waters under the jurisdiction of the Marine Resources Division of the Department of Conservation and Natural Resources, as provided in Rule 220-2-.42, Alabama Administrative Code.
c. Off-load or land a catch of finfish to a resident or nonresident seafood dealer, regardless of where the fish were taken.
(4) A commercial fishing license shall not be required for a commercial gill net license holder validly licensed under this section, in order for the licensee to take, possess, or sell his or her catch taken with a gill net, seine, or other entangling net, nor shall it be required for the taking, possession, and sale of finfish taken with a licensed commercial shrimp boat.
(b) The net and seine permits provided for pursuant to subdivision (1) of subsection (c) shall not be transferable from one person to another for a period of three years from October 1, 1995, or until a transfer system is developed by departmental regulation, except in the case of proven physical hardship, as determined within the sole discretion of the Director of the Marine Resources Division. The Department of Conservation and Natural Resources shall by regulation establish a system for the transfer of the permits within a three-year period. In establishing the system, the department shall provide that there shall be no financial gain realized by the transferor of the permits. The net and seine permits provided for pursuant to subdivision (2) of subsection (c) shall not be transferable under any circumstances, including physical hardship, and shall not be transferred to any other applicant by the department.
(c) In addition to all other requirements to be permitted pursuant to this section, except as otherwise provided for residents age 62 years or older under certain conditions as may be subsequently determined by the department, all applicants for net and seine permits shall submit the following:
(1) Proof that the applicant purchased a license under this section in at least two of the five years during the period of 1989 through 1993 and proof, in the form of unamended original income tax returns including Alabama state income tax returns for all applicants in accordance with procedures established by departmental regulations, that the applicant recognized his or her applicable Alabama income and derived at least 50 percent of his or her gross income from the capture and sale of seafood species in at least two of the five years during the period of 1989 through 1993 and in subsequent years for annual renewal; or
(2) Proof that the applicant purchased a license under this section every year from 1989 through 1993, and, unless exempt from filing under the Alabama income tax law, proof that the applicant filed an Alabama income tax return from 1989 through 1993, and in subsequent years for annual renewal.
For the license year beginning October 1, 1997, only, any permittee who obtained a net and seine permit pursuant to subdivision (2) may obtain a permit transferable in the same manner as a permit pursuant to subdivision (1) upon submitting proof in the form of unamended original income tax returns including Alabama state income tax returns for all applicants in accordance with procedures established by departmental regulations, that the applicant recognized his or her applicable Alabama income and derived at least 50 percent of his or her gross income in 1996 from the capture and sale of seafood species, provided the permittee must meet the gross income requirements to continue to renew a permit issued pursuant to subdivision (1) in subsequent years. A permittee who receives a permit pursuant to the provision in the preceding sentence may not receive a permit pursuant to subdivision (2) thereafter. The Alabama Department of Revenue shall verify, upon request, to the Director of the Marine Resources Division of the Alabama Department of Conservation and Natural Resources the income tax return of the applicant if the applicant authorizes the release of the information. Authorization by the applicant to release the information shall be a prerequisite for a permit.
(d) Only one permit shall be issued per individual. The department shall issue each permittee one decal or placard which shall be visibly displayed on the permittee's designated vessel or vessels in accordance with regulations promulgated by the Department of Conservation and Natural Resources. The decal or placard may only be displayed on an Alabama registered vessel and may not be displayed on an out-of-state registered vessel. A permittee shall have only one net or seine in use at any time and shall be present and have the permit in his or her possession when the net or seine is in use or in transit, provided the presence of the permittee shall not be required when the boat is docked, refueling, or at a launch site.
(e) All nets and seines, except purse seines, and seines 25 feet or less, shall bear a tag showing the name and number of the permittee and any other identification as required by regulation, when the nets or seines are in use or on board a boat in the waters of Alabama. A designated vessel of 45 feet in length or less, as measured down the centerline, may have properly marked nets which are the property of the owner of the designated vessel on board the vessel but no fish may be in contact with the nets and provided that the vessel is not in motion and is moored or anchored when the permittee is not present. An initial designated vessel may be replaced by another vessel owned by the permittee that is no longer than 110 percent of the original vessel subject in all events to a maximum of 45 feet except in certain cases which may be waived by the Director of the Division of Marine Resources upon presentation of evidence that a permittee owned a vessel longer than 45 feet prior to the passage of this amendatory act.
(f) All permits issued shall be issued to individual persons only. A purse seine license may be issued to a person, firm, or corporation. A nonresident, as mentioned in this section, for the purposes of all permits issued, is defined to be any person who has not been continuously domiciled in this state for more than one continuous year prior to the date of the issuance of the license and for the purpose of purse seine licenses, a nonresident is defined to be any person, firm, or corporation who has not been domiciled in this state for more than one continuous year immediately prior to the date of the issuance of the license. Any nonresident fishing with a resident commercial gill net license holder shall not provide any gill nets, trammel nets, haul nets, or other fishing equipment to the resident commercial gill net license holder. All persons on board must have proof of residency in the form of a valid state driver's license or state nondriver identification card.
(g) All licenses and permits issued pursuant to this section shall expire on September 30 thereafter irrespective of the date of the issuance of the same.
(h) All nets and seines fished in an illegal manner, or in an illegal area, are declared to be a nuisance and may be confiscated, along with the entire catch, boat, motor, and any other fishing gear in the violator's possession, and all of the items may be held as evidence by any agent of the Department of Conservation and Natural Resources. After conviction of the person in whose possession the device or items were found or when the operator of the device has not been determined after a period of 30 days, the device or items shall be forfeited to the Department of Conservation and Natural Resources which shall destroy or otherwise dispose of the device or items as it shall deem advisable or in lieu of forfeiture, the court may impose additional fines.
(i) All game fish taken by nets or seines under this law shall be immediately returned to the waters where they were taken with the least possible injury to the fish. Possession of game fish in violation of this subsection will be considered as using a net or seine in an illegal manner. Saltwater game fish are defined as follows: Spotted Seatrout (Cynoscion nebulosus); Red Drum (Sciaenops ocellata); Tarpon (Megalops atlanticus); and those species designated by regulation of the Department of Conservation and Natural Resources. The department shall by regulation to the extent possible establish a tagging system to regulate importation or sale of the above listed species or species added by regulation.
(j) In addition to any other penalties provided in this section, a violation of this section or any regulation promulgated pursuant to this section, shall be a Class B misdemeanor punishable as provided by law; provided, however, that there shall be a mandatory minimum fine of two thousand dollars ($2,000) for first offenses of utilizing a net or seine without the required license or permit hereunder, and any subsequent violation of subsection (a) committed within a three-year period of the date of conviction shall be a Class A misdemeanor, punishable by a mandatory minimum fine of three thousand dollars ($3,000) and a mandatory minimum imprisonment of 10 days. Any person violating this section or any regulation promulgated pursuant to this section shall be strictly liable and it shall not be necessary to prove any criminal intent for conviction.
A 10-point system is also hereby established to provide that in the event a person is convicted of the following offenses as set out in subdivisions (1) to (5), inclusive, below in a manner so as to acquire ten or more points within a three-year period the department shall automatically and permanently revoke all licenses or permits issued and the licenses, permits, and any decal issued to that person shall be surrendered immediately by the licensee or permittee to the Director of the Division of Marine Resources upon conviction. Points shall be considered for a period of three years from the date of conviction and shall be as follows:
(1) Sale, purchase, trade or barter of game fish, 10 points.
(2) Fishing in closed areas, 5 points.
(3) Retention of game fish, 5 points.
(4) Fishing with improperly marked gear, 4 points.
(5) Points for any other offense established or designated by regulation of the Department of Conservation and Natural Resources, shall be as provided in the regulation relating to the prohibitions of this section.
(Acts 1943, No. 587, p. 590, §4; Acts 1988, No. 88-577, p. 897, §6; Acts 1993, No. 93-322, p. 486, §9; Acts 1995, No. 95-287, p. 535, §2; Act 2008-467, p. 1022, §3; Act 2013-374, p. 1371, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-113-1/
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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 3 - Additional Regulations.›Section 9-12-113.1 - Selling, Buying, Trading, or Bartering Certain Saltwater Game Fish Prohibited.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-113.1 - Selling, Buying, Trading, or Bartering Certain Saltwater Game Fish Prohibited.
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Section 9-12-113.1
Selling, buying, trading, or bartering certain saltwater game fish prohibited.
No person shall do, or attempt to do, any of the following: sell, trade, or barter, or buy, trade for, or barter for, any saltwater game fish specified in Section 9-12-113 or by regulation of the Department of Conservation and Natural Resources. The first offense of this section shall be a Class B misdemeanor with a mandatory minimum fine of one thousand dollars ($1,000). Any subsequent offenses shall be a Class A misdemeanor with a mandatory minimum fine of two thousand dollars ($2,000), plus forfeiture of vehicle used in transporting the game fish. Any person violating this section or any regulation promulgated pursuant to this section shall be strictly liable and it shall not be necessary to prove any criminal intent for conviction.
(Acts 1995, No. 95-287, p. 535, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-115/
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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 3 - Additional Regulations.›Section 9-12-115 - Reports of Seafood Dealers.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-115 - Reports of Seafood Dealers.
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Section 9-12-115
Reports of seafood dealers.
Each and every person, firm, or corporation holding a seafood dealer's license issued by the Commissioner of Conservation and Natural Resources or his or her authorized agent shall under oath make a monthly report to the Director of the Marine Resources Division of the Department of Conservation and Natural Resources on blanks provided for that purpose by the director, which report shall show in detail the weight in pounds of each species of fish purchased from commercial fishermen during the preceding month. The reports required by this section shall be in the hands of the director by the tenth day of each month for the immediately previous month, and willful failure or refusal to make the report by the required date or upon notification by the director that the report has not been received or the filing of a false report shall be deemed a violation of this section, and the Commissioner of Conservation and Natural Resources shall have the discretion to suspend or cancel the dealer's license until the provisions of this section are complied with, and the license shall not be used by any person, firm, or corporation until the dealer's license is restored by the Commissioner of Conservation and Natural Resources. The commissioner may, by regulation, require reports on a more frequent basis for those species managed under a quota system, with the same penalty provisions applicable for failure or refusal to report. The commissioner may by regulation, require the reports to be formatted to comply with gulf-wide trip tickets.
(Acts 1943, No. 587, p. 590, §6; Acts 1995, No. 95-287, p. 535, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-115-1/
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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 3 - Additional Regulations.›Section 9-12-115.1 - Landing and Reporting Requirements for Certain Saltwater Finfish and Other Seaf...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-115.1 - Landing and Reporting Requirements for Certain Saltwater Finfish and Other Seafood Products.
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Section 9-12-115.1
Landing and reporting requirements for certain saltwater finfish and other seafood products.
All saltwater finfish commercially harvested in the State of Alabama, except those lawfully taken by purse seine, shall be landed in this state and reported through a properly licensed Alabama seafood dealer. Other seafood products commercially harvested in this state shall be landed in this state, or in lieu thereof any subject person shall comply with any reporting procedures established by regulation of the Department of Conservation and Natural Resources. The Commissioner of the Department of Conservation and Natural Resources is hereby authorized to promulgate regulations which provide for and require reporting procedures for both resident and nonresident Alabama commercial fishermen who sell or land seafood products other than finfish outside the State of Alabama. Upon determination by the Commissioner of the Department of Conservation and Natural Resources that any subject person has failed to report as required, the commissioner may revoke any relevant commercial seafood license or permit he or she deems appropriate. Any person who violates this section or any regulation promulgated pursuant to this section, shall be guilty of a Class B misdemeanor, and upon conviction, shall be punished as provided in Sections 13A-5-7 and 13A-5-12. Any person so convicted shall be fined not less than one thousand dollars ($1,000). Any person violating this section shall be strictly liable and it shall not be necessary to prove any criminal intent for conviction.
(Acts 1995, No. 95-287, p. 535, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-116/
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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 3 - Additional Regulations.›Section 9-12-116 - Refusal to Open Place of Business or Boat for Inspection; Agreement, Conspiracy,...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-116 - Refusal to Open Place of Business or Boat for Inspection; Agreement, Conspiracy, etc., to Evade Provisions of Article, Etc.
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Section 9-12-116
Refusal to open place of business or boat for inspection; agreement, conspiracy, etc., to evade provisions of article, etc.
It shall be unlawful for any packer, commissionman, dealer, shipper or boatman to refuse to open his place of business or boat where fish, oysters or other seafoods may be dumped, kept or stored, except his actual residence, for inspection by any officer whose duty it is to inspect same or to conspire or agree with any person to evade any of the provisions of this article or any laws hereafter enacted or to knowingly connive or participate in any such violation. A violation of the provisions of this section shall constitute a misdemeanor, and any person, firm or corporation so violating shall be punished by a fine of not less than $25.00 nor more than $50.00 for each offense.
(Acts 1943, No. 587, p. 590, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-117/
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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 3 - Additional Regulations.›Section 9-12-117 - Possession, Operation or Use of Illegal Tackle, Illegal Fishing Devices or Unlice...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-117 - Possession, Operation or Use of Illegal Tackle, Illegal Fishing Devices or Unlicensed Boats or Vessels.
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Section 9-12-117
Possession, operation or use of illegal tackle, illegal fishing devices or unlicensed boats or vessels.
Possession or operation of any illegal tackle or any illegal fishing devices or use of any boat or vessel that is not licensed as required by this article shall be considered prima facie evidence that it is kept or used for unlawful purposes, and such possession or operation or use shall be punishable by a fine of not less than $25.00 nor more than $500.00.
(Acts 1943, No. 587, p. 590, §8.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-118/
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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 3 - Additional Regulations.›Section 9-12-118 - Issuance of Licenses - Persons Authorized; Record.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-118 - Issuance of Licenses - Persons Authorized; Record.
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Section 9-12-118
Issuance of licenses - Persons authorized; record.
The judge of probate, the commissioner of licenses or such person not residing at the county seat in which the county courthouse is located and duly appointed by the Commissioner of Conservation and Natural Resources and so authorized by him shall have authority to issue all licenses, resident or nonresident, to all persons complying with the provisions of this article, and shall sign his name and shall require the person to whom the license is issued to sign his name on the margin thereof. The person or persons issuing said license shall keep in a book or on specially prepared sheets to be furnished by the Commissioner of Conservation and Natural Resources a correct and complete record of all licenses issued, which record shall remain in his office and be open to inspection by the public at all reasonable times.
(Acts 1943, No. 587, p. 590, §9.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-119/
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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 3 - Additional Regulations.›Section 9-12-119 - Issuance of Licenses - Fees of Issuing Authorities.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-119 - Issuance of Licenses - Fees of Issuing Authorities.
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Section 9-12-119
Issuance of licenses - Fees of issuing authorities.
Judges of probate and other persons authorized and designated to issue licenses shall charge for each license issued under the provisions of this article $1.00 in addition to the prescribed cost for each license issued, which amount shall cover services required by the provisions of this article, and shall remit the balance to the Commissioner of Conservation and Natural Resources to the credit of the Marine Resources Fund on the first of each month. Said judges of probate and all other duly authorized and designated persons shall report to the Commissioner of Conservation and Natural Resources of the State of Alabama on the first day of each month the number and kind of licenses issued under this article and the name and post office address of the person or persons to whom issued, giving opposite each name the serial number of the license so issued and the amount of money remitted; provided, however, that if any such license is issued by the Commissioner of Conservation and Natural Resources or by any probate judge or other officer who is paid a salary for the performance of his duties as such officer, he shall be required to remit the entire amount collected to the Commissioner of Conservation and Natural Resources, except the amount charged by the issuing officer for the issuance of such license, and this amount shall be remitted to the treasurer of the county in which said license was paid. On October 1 of each year or within 10 days thereafter, each officer or person to whom licenses have been so issued shall return to the Commissioner of Conservation and Natural Resources all unused licenses and all stubs of licenses issued during the preceding fiscal year.
(Acts 1943, No. 587, p. 590, §10; Acts 1988, No. 88-577, p. 897, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-120/
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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 3 - Additional Regulations.›Section 9-12-120 - Disposition of Proceeds From Sale of Licenses and Fees.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-120 - Disposition of Proceeds From Sale of Licenses and Fees.
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Section 9-12-120
Disposition of proceeds from sale of licenses and fees.
The proceeds from the sale of all licenses and all fees required by any of the provisions of this article shall go to the Department of Conservation and Natural Resources and shall be used by such department for the administration of its Division of Marine Resources, except as may otherwise be provided by law.
(Acts 1943, No. 587, p. 590, §11.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-121/
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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 3 - Additional Regulations.›Section 9-12-121 - Violations.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-121 - Violations.
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Section 9-12-121
Violations.
Unless otherwise provided specifically in this article, a violation of any of the provisions of this article shall be a Class C misdemeanor, punishable as provided by law, except that the minimum fine shall not be less than one hundred dollars ($100).
(Acts 1943, No. 587, p. 590, §12; Act 2010-699, p. 1692, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-122/
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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 3 - Additional Regulations.›Section 9-12-122 - Penalty for Commercial Shrimp Trawling in Waters Closed to Commercial Shrimping b...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-122 - Penalty for Commercial Shrimp Trawling in Waters Closed to Commercial Shrimping by Law or Regulation; Confiscation and Forfeiture of Trawls.
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Section 9-12-122
Penalty for commercial shrimp trawling in waters closed to commercial shrimping by law or regulation; confiscation and forfeiture of trawls.
(a) It shall be unlawful for any person, firm or corporation to take shrimp by commercial shrimp trawling in waters closed to commercial shrimping by law or regulation. "Commercial shrimp trawling" means the taking or catching or attempting to take or catch shrimp by any trawl or trawls used together which exceed 16 feet as measured along the cork line; as well as, the taking, catching or attempting to take or catch shrimp by any trawl 16 feet or less as measured along the cork line while licensed as a commercial shrimp fisherman under Section 9-12-92 or Section 9-12-93.
(b) Persons, firms or corporations convicted of violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine of not less than $600.00 nor more than $900.00 for the first offense, not less than $900.00 nor more than $1,200.00 for the second offense and not less than $1,200.00 nor more than $1,500.00 for the third and subsequent offenses committed during any two consecutive years. All trawls in use at the time of the violation may be confiscated and held as evidence and upon conviction said trawls may be forfeited to the Department of Conservation and Natural Resources which shall dispose of same as it deems advisable.
(Acts 1984, 2nd Ex. Sess., No. 85-50, p. 73.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-123/
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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 3 - Additional Regulations.›Section 9-12-123 - License for Use of Gill Net.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-123 - License for Use of Gill Net.
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Section 9-12-123
License for use of gill net.
A recreational gill net license may be issued to anyone wishing to utilize a 300-foot or less gill net for noncommercial purposes for a fee of $50.00. Persons taking fish from Alabama waters under the auspices of the recreational gill net license may not sell, barter, or offer for sale or barter, fish taken under this authority.
(Acts 1988, No. 88-577, p. 897, §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 2 - Seafoods.›Division 3 - Additional Regulations.›Section 9-12-123.1 - Hardship Gill Net Licenses; Renewal and Transfer.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-123.1 - Hardship Gill Net Licenses; Renewal and Transfer.
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Section 9-12-123.1
Hardship gill net licenses; renewal and transfer.
(a) The Department of Conservation and Natural Resources shall immediately approve the hardship licenses selected on November 17, 1995, pursuant to Executive Order No. 12.
(b) An individual approved pursuant to subsection (a) shall be subject to the same renewal qualifications as persons licensed under Act No. 95-287, H. 424, 1995 Regular Session.
(c) Hardship licenses approved by this section shall be subject to the transfer system established by the Department of Conservation and Natural Resources pursuant to Act No. 95-287, H. 424, 1995 Regular Session.
(d) This section shall be construed together with all laws relating to gill net licensure.
(Acts 1996, No. 96-476, p. 593, §§ 1-4.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-124/
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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 3 - Additional Regulations.›Section 9-12-124 - "Crab Catcher" License for Use of More Than Five Crab Traps; Rules and Regulation...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-124 - "Crab Catcher" License for Use of More Than Five Crab Traps; Rules and Regulations.
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Section 9-12-124
"Crab catcher" license for use of more than five crab traps; rules and regulations.
(a) Any person taking crabs for commercial purposes or using more than five crab traps for personal, noncommercial purposes must first obtain and have in possession a "crab catcher's" license. The fee for said license shall be $50.00 and shall be paid to the Department of Conservation and Natural Resources.
(b) Individuals can use up to, but not more than, five crab traps for taking crabs for personal, noncommercial purposes, without said license.
(c) All crab traps and commercial crab boats must display identifying markings to be developed by regulations of the Department of Conservation and Natural Resources and it shall be unlawful to take crabs from traps belonging to another person without written authorization.
(d) The proceeds from the sale of said licenses shall be deposited to the credit of the Marine Resources Fund and said licenses shall expire on September 30 of each year.
(e) A violation of any provision of this section shall be a Class C misdemeanor.
(Acts 1988, No. 88-577, p. 897, §8.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-125/
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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 3 - Additional Regulations.›Section 9-12-125 - Licenses for Selling, Brokering, Processing, etc., Fresh or Frozen Seafood.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-125 - Licenses for Selling, Brokering, Processing, etc., Fresh or Frozen Seafood.
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Section 9-12-125
Licenses for selling, brokering, processing, etc., fresh or frozen seafood.
Any person, firm, or corporation who engages in the selling, brokering, trading, bartering, or processing of any fresh or frozen seafood, whether on a consignment basis or otherwise, is a seafood dealer and shall purchase a seafood dealer's license for a fee of two hundred dollars ($200) for Alabama residents domiciled for a period of more than one continuous year immediately preceding date of issuance and four hundred dollars ($400) for nonresidents except for residents of states which charge Alabama residents in excess of four hundred dollars ($400) for the activity, in which case it shall be the amount the other state charges. To obtain the license, all entities other than brokers shall have and present proof of a business license from the location of the business, a tax identification number, and the appropriate seafood processing health permit. This license is not required by nonresident seafood dealers buying from or selling to a licensed Alabama seafood dealer or licensed commercial fishermen when selling their catch to a licensed Alabama seafood dealer nor by restaurants where the seafood is cooked and sold for consumption on or off its premises. Restaurants shall not purchase seafoods from any person, firm, or corporation that is not licensed to sell seafoods in Alabama. If the licensee owns or operates more than one place of business, then additional dealer's licenses must be purchased for each separate place of business, providing the location of each. A vehicle used solely for transporting seafoods to or from an Alabama seafood dealer is not considered a place of business. Each vehicle from which seafood is sold to or purchased from any person, firm, or corporation other than an Alabama seafood dealer, is a place of business and shall be licensed under this section. The seafood dealer shall purchase a license for each vehicle for a fee of one hundred dollars ($100) per license and the operator of the vehicle shall have the original license in his or her possession when selling or buying seafood from that vehicle. Seafood dealers may purchase seafoods only from commercial fishermen validly licensed in Alabama, Alabama seafood dealers, and any nonresident seller who is validly licensed to sell seafoods under the laws of that state. It shall be unlawful for any person, firm, or corporation to sell, broker, trade, barter, or process seafoods as provided for in this section without first purchasing a seafood dealer's license. Any person, firm, or corporation violating this section shall, upon conviction, be guilty of a Class A misdemeanor, with a minimum mandatory fine of one thousand dollars ($1,000) for first offenses, two thousand five hundred dollars ($2,500) for second offenses within three years of the date of the first conviction, and five thousand dollars ($5,000) and a mandatory jail sentence of 10 to 30 days for conviction of any subsequent offenses within three years of the date of the first conviction.
(Acts 1988, No. 88-577, p. 897, §9; Acts 1995, No. 95-287, p. 535, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-2/division-3/section-9-12-126/
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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 3 - Additional Regulations.›Section 9-12-126 - Inspection of Oyster Beds; Closure Order; Relay of Oysters From Closed Areas; Pro...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-126 - Inspection of Oyster Beds; Closure Order; Relay of Oysters From Closed Areas; Promulgation of Rules; Penalty; Enforcement.
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Section 9-12-126
Inspection of oyster beds; closure order; relay of oysters from closed areas; promulgation of rules; penalty; enforcement.
(a) The State Board of Health is authorized to inspect the waters of the state where oysters are grown and harvested. When the State Health Officer shall determine that the waters surrounding the oyster beds are unsafe for the harvesting of said oysters, the State Health Officer shall issue an order to close the waters around said bed, which order shall be specific as to location of the area to be closed. Orders issued pursuant to this section shall not be considered rules under the Alabama Administrative Procedure Act (Section 41-22-1 et seq.). After the issuance of such a closure order, no person shall harvest oysters in the said waters during the closure period. The State Health Officer is authorized to permit the Department of Conservation and Natural Resources to relay oysters from closed areas.
(b) The State Board of Health is authorized to adopt and promulgate reasonable rules for the enforcement of this section, which rules shall have the force and effect of law.
(c) Any person who violates any provision of this section or any rule promulgated hereunder or the order of the State Health Officer by harvesting oysters from a closed bed shall be guilty of a Class B misdemeanor.
(d) The Alabama Department of Conservation and Natural Resources shall cooperate with the State Health Officer in the enforcement of closure orders.
(Acts 1989, No. 89-875, p. 1752, §§1-4.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-3/section-9-12-140/
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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 3 - Establishment of Artificial Fishing Reefs in Offshore Waters.›Section 9-12-140 - Sale or Barter of Salvageable Parts of Liberty Ships Provided for Establishment o...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 3 - Establishment of Artificial Fishing Reefs in Offshore Waters. › Section 9-12-140 - Sale or Barter of Salvageable Parts of Liberty Ships Provided for Establishment of Artificial Fishing Reefs - Authorized; Disposition of Proceeds.
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Section 9-12-140
Sale or barter of salvageable parts of liberty ships provided for establishment of artificial fishing reefs - Authorized; disposition of proceeds.
The Department of Conservation and Natural Resources, Division of Marine Resources, acting through the Commissioner of Conservation and Natural Resources, may undertake and provide for such conditions of sale or barter as may be necessary, expedient and to the best interest of the state to prepare Alabama's share of the 15 liberty ships made available by the federal government to the States of Alabama, Mississippi and Florida for the purpose of establishing artificial fishing reefs in their coastal waters. The Commissioner of Conservation and Natural Resources may realize such moneys as may be possible from the sale or barter of any salvageable parts of said vessels, including the trade of salvageable items for services rendered in preparing the vessels for submersion in Alabama offshore waters. Any moneys derived from such sale or barter transactions may only be used (and same is hereby appropriated for such purpose) by the Division of Marine Resources for meeting the costs incurred in establishing the artificial reefs. Any funds not so used shall be deposited in the State Treasury to the credit of the funds of the Marine Resources Division.
(Acts 1973, No. 437, p. 629, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-3/section-9-12-141/
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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 3 - Establishment of Artificial Fishing Reefs in Offshore Waters.›Section 9-12-141 - Sale or Barter of Salvageable Parts of Liberty Ships Provided for Establishment o...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 3 - Establishment of Artificial Fishing Reefs in Offshore Waters. › Section 9-12-141 - Sale or Barter of Salvageable Parts of Liberty Ships Provided for Establishment of Artificial Fishing Reefs - Form and Approval of Transactions; Informal Solicitation of Bids.
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Section 9-12-141
Sale or barter of salvageable parts of liberty ships provided for establishment of artificial fishing reefs - Form and approval of transactions; informal solicitation of bids.
All sale or barter transactions that may be consummated for the purposes of this article by the Commissioner of Conservation and Natural Resources shall be reduced to writing and approved by the Governor and the Chief Examiner of Public Accounts on the face thereof. The Commissioner of Conservation and Natural Resources, where feasible, shall endeavor to obtain the most advantageous sale or barter agreement possible through informal solicitation of bids.
(Acts 1973, No. 437, p. 629, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-3/section-9-12-142/
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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 3 - Establishment of Artificial Fishing Reefs in Offshore Waters.›Section 9-12-142 - Fishing Reef Ship Commission.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 3 - Establishment of Artificial Fishing Reefs in Offshore Waters. › Section 9-12-142 - Fishing Reef Ship Commission.
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Section 9-12-142
Fishing Reef Ship Commission.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1973, No. 437, p. 629, §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 3A - Artifcial Reef Construction Regulated.›Section 9-12-150 - Artificial Reef Construction Permit; Transportation, Inspection, etc., of Reef Ma...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 3A - Artifcial Reef Construction Regulated. › Section 9-12-150 - Artificial Reef Construction Permit; Transportation, Inspection, etc., of Reef Materials; Bond; Penalties.
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Section 9-12-150
Artificial reef construction permit; transportation, inspection, etc., of reef materials; bond; penalties.
(a) Before any person, firm, corporation, or association constructs or attempts to construct an artificial fishing reef in the coastal waters of the State of Alabama as defined by Section 9-7-10, or waters approved by the U.S. Army Corps of Engineers adjacent to or which may affect the coastal area of Alabama as defined by Section 9-7-10, and transports or attempts to transport material from which artificial reefs may be constructed through the waters of this state, the person, firm, corporation, or association shall have the material inspected and approved by and shall obtain a permit from the Alabama Department of Conservation and Natural Resources, Marine Resources Division, or any agency designated in the future by the division, the cost of which shall be twenty-five dollars ($25) per reef and shall be credited to the Marine Resources Fund. Materials are limited to those permitted under the Standard Operating Protocol for Artificial Reef Construction through the Marine Resources Division of the department. An operator of a vessel loaded with material which is to be used in construction of artificial fishing reefs, or the operator of a vessel towing or pushing a vessel loaded with the material, shall have in possession a current valid artificial reef construction permit when transporting the material through the waters of Alabama. The operator of a vessel registered in Alabama shall have in possession a current valid artificial reef construction permit when depositing the material in an area approved by the U.S. Army Corps of Engineers adjacent to the coastal area of Alabama or which may affect the coastal area of Alabama. The term "vessel", as used in this section includes any watercraft or barge used to transport materials for the construction of artificial reefs.
(b) Any person, firm, corporation, or association cited for not having in possession a current valid artificial reef construction permit shall be required to immediately return to the dock. Failure to do so shall be considered a separate violation of this section.
(c) Vessels in transit through the waters of Alabama are subject to inspection of the reef material by authorities including, but not limited to, the U.S. Coast Guard, Alabama Marine Police, or the Marine Resources Division, when transporting material through the waters of Alabama. Vessels registered in Alabama are subject to inspection by authorities when depositing or attempting to deposit material in an area approved by the U.S. Army Corps of Engineers adjacent to the coastal area of Alabama or which may affect the coastal area of Alabama regardless of whether the vessel traveled through Alabama waters.
(d) Vessels and vessel operators transporting permitted artificial reef material shall notify the Marine Resources Division of the Department of Conservation and Natural Resources in advance of deployment reporting the time of departure from the dock, destination, and estimated time of arrival at destination. Vessels shall also file a float plan at least one day in advance of deployment in accordance with the Standard Operating Protocol for Artificial Reef Construction through the Marine Resources Division of the department.
(e) Any person, firm, or corporation depositing unpermitted reef material or permitted material in areas other than those designated by the Corps of Engineers shall be in violation of this section. The deposit of the material must be witnessed to support a conviction for a violation.
(f) The Marine Resources Division of the Department of Conservation and Natural Resources may require a bond in an amount sufficient to protect the interest of the State of Alabama payable to the Department of Conservation and Natural Resources in the event of a violation of the permit. The bond shall be issued by a licensed bonding company approved in advance by the department.
(g) Any person, firm, corporation, or association violating this section shall, upon conviction, be guilty of a Class A misdemeanor and punishable by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000).
(Act 2000-449, p. 810, § 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 4 - Reciprocal Agreements as to Commercial Seafood Fishing.›Section 9-12-160 - Authorized.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 4 - Reciprocal Agreements as to Commercial Seafood Fishing. › Section 9-12-160 - Authorized.
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Section 9-12-160
Authorized.
The Commissioner of Conservation and Natural Resources shall have authority to enter into agreements of reciprocity with conservation commissioners or directors and other proper officials of other states who have jurisdiction over the seafood laws and regulations of such states whereby the citizens of the State of Alabama may be permitted to catch or take fish, shrimp, crabs or oysters from the waters under the jurisdiction of such other states for commercial purposes, upon similar agreements whereby such nonresidents are allowed to take or catch fish, shrimp, crabs or oysters from the public salt waters of the State of Alabama for commercial purposes regardless of residence.
(Acts 1951, No. 238, p. 513, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-4/section-9-12-161/
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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 4 - Reciprocal Agreements as to Commercial Seafood Fishing.›Section 9-12-161 - License Fees of Nonresidents.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 4 - Reciprocal Agreements as to Commercial Seafood Fishing. › Section 9-12-161 - License Fees of Nonresidents.
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Section 9-12-161
License fees of nonresidents.
Upon the entering of such reciprocal agreement, the license fees imposed upon nonresident fishermen and upon the owners of catching boats, freight boats or ice boats owned in whole or in part by such nonresidents shall be the same as for residents of the State of Alabama.
(Acts 1951, No. 238, p. 513, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-4/section-9-12-162/
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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 4 - Reciprocal Agreements as to Commercial Seafood Fishing.›Section 9-12-162 - Rights and Privileges Granted to Be Exercised in Accordance With Alabama Laws, Et...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 4 - Reciprocal Agreements as to Commercial Seafood Fishing. › Section 9-12-162 - Rights and Privileges Granted to Be Exercised in Accordance With Alabama Laws, Etc.
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Section 9-12-162
Rights and privileges granted to be exercised in accordance with Alabama laws, etc.
The fishing rights and privileges which may be granted by or through such reciprocal agreements shall be exercised in accordance with the laws of Alabama and the rules and regulations promulgated by the Commissioner of Conservation and Natural Resources of the State of Alabama which pertain to the taking, catching, possessing or handling of seafood by residents of the State of Alabama.
(Acts 1951, No. 238, p. 513, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-5/section-9-12-180/
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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 5 - Gulf States Marine Fisheries Compact.›Section 9-12-180 - Authorized; Form.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 5 - Gulf States Marine Fisheries Compact. › Section 9-12-180 - Authorized; Form.
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Section 9-12-180
Authorized; form.
The Governor of this state is hereby authorized and directed to execute a compact on behalf of the State of Alabama with any one or more of the states of Florida, Mississippi, Louisiana and Texas, and with such other states as may enter into the compact legally therein in the form substantially as follows:
GULF STATES MARINE FISHERIES COMPACT
The contracting states solemnly agree:
Article I
Whereas the Gulf Coast States have the proprietary interest in and jurisdiction over fisheries in the waters within their respective boundaries, it is the purpose of this compact to promote the better utilization of the fisheries, marine, shell and anadromous, of the seaboard of the Gulf of Mexico, by the development of a joint program for the promotion and protection of such fisheries and the prevention of the physical waste of the fisheries from any cause.
Article II
This compact shall become operative immediately as to those states ratifying it whenever any two or more of the states of Florida, Alabama, Mississippi, Louisiana and Texas have ratified it and the Congress has given its consent subject to Article I, Section 10, of the Constitution of the United States. Any state contiguous to any of the aforementioned states or riparian upon waters which flow into waters under the jurisdiction of any of the aforementioned states and which are frequented by anadromous fish or marine species may become a party hereto as hereinafter provided.
Article III
Each state joining herein shall appoint three representatives to a commission hereby constituted and designated as the Gulf states marine fisheries commission. One shall be the head of the administrative agency of such state charged with the conservation of the fishery resources to which this compact pertains or, if there be more than one officer or agency, the official of that state named by the governor thereof. The second shall be a member of the legislature of such state designated by such legislature or in the absence of such designation, such legislator shall be designated by the governor thereof; provided that if it is constitutionally impossible to appoint a legislator as a commissioner from such state, the second member shall be appointed in such manner as may be established by law. The third shall be a citizen who shall have a knowledge of and interest in the marine fisheries, to be appointed by the governor. This commission shall be a body corporate with the powers and duties set forth herein.
Article IV
The duty of the said commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about the conservation and the prevention of the depletion and physical waste of the fisheries, marine, shell and anadromous, of the Gulf Coast. The commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their respective jurisdiction to promote the preservation of these fisheries and their protection against overfishing, waste, depletion or any abuse whatsoever and to assure a continuing yield from the fishery resources of the aforementioned states. To that end the commission shall draft and recommend to the governors and legislatures of the various signatory states, legislation dealing with the conservation of the marine, shell and anadromous fisheries of the Gulf seaboard. The commission shall from time to time present to the governor of each compacting state its recommendations relating to enactments to be presented to the legislature of that state in furthering the interest and purposes of this compact. The commission shall consult with and advise the pertinent administrative agencies in the states party hereto with regard to problems connected with the fisheries and recommend the adoption of such regulations as it deems advisable. The commission shall have power to recommend to the states party hereto the stocking of the waters of such states with fish and fish eggs or joint stocking by some or all of the states party hereto and when two or more states shall jointly stock waters the commission shall act as the coordinating agency for such stocking.
Article V
The commission shall elect from its number a chairman and vice-chairman and shall appoint and at its pleasure remove or discharge such officers and employees as may be required to carry the provisions of this compact into effect and shall fix and determine their duties, qualifications and compensation. Said commission shall adopt rules and regulations for the conduct of its business. It may establish and maintain one or more offices for the transaction of its business and may meet at any time or place but must meet at least once a year.
Article VI
No action shall be taken by the commission in regard to its general affairs except by the affirmative vote of a majority of the whole number of compacting states. No recommendation shall be made by the commission in regard to any species of fish except by the affirmative vote of a majority of the compacting states which have an interest in such species. The commission shall define what shall be an interest.
Article VII
The fish and wildlife service of the department of the interior of the government of the United States shall act as the primary research agency of the Gulf states marine fisheries commission cooperating with the research agencies in each state for that purpose. Representatives of the said fish and wildlife service shall attend the meetings of the commission. An advisory committee to be representative of the commercial saltwater fisherman and the saltwater anglers and such other interests of each state as the commissioners deem advisable may be established by the commissioners from each state for the purpose of advising those commissioners upon such recommendations as it may desire to make.
Article VIII
When any state other than those named specifically in article II of this compact shall become a party hereto for the purpose of conserving its anadromous fish or marine species in accordance with the provisions of article II, the participation of such state in the action of the commission shall be limited to such species of fish.
Article IX
Nothing in this compact shall be construed to limit the powers or the proprietary interest of any signatory state or to repeal or prevent the enactment of any legislation or the enforcement of any requirement by a signatory state imposing additional conditions and restrictions to conserve its fisheries.
Article X
It is agreed that any two or more states party hereto may further amend this compact by acts of their respective legislatures subject to approval of congress as provided in Article I, Section 10 of the Constitution of the United States, to designate the Gulf states marine fisheries commission as a joint regulating authority for the joint regulation of specific fisheries affecting only such states as shall so compact, and at their joint expense. The representatives of such states shall constitute a separate section of the Gulf states marine fisheries commission for the exercise of the additional powers so granted but the creation of such section shall not be deemed to deprive the states so compacting of any of their privileges or powers in the Gulf states marine fisheries commission as constituted under the other articles of this compact.
Article XI
Continued absence of representation or of any representative on the commission from any state party hereto shall be brought to the attention of the governor thereof.
Article XII
The operating expenses of the Gulf states marine fisheries commission shall be borne by the states party hereto. Such initial appropriations as are set forth below shall be made available yearly until modified as hereinafter provided:
Florida .....
$ 3,500.00
Alabama .....
1,000.00
Mississippi .....
1,000.00
Louisiana .....
5,000.00
Texas .....
2,500.00
Total .....
$13,000.00
The proration and total cost per annum of $13,000.00, above mentioned, is estimative only, for initial operations, and may be changed when found necessary by the commission and approved by the legislatures of the respective states. Each state party hereto agrees to provide in the manner most acceptable to it, the travel costs and necessary expenses of its commissioners and other representatives to and from meetings of the commission or its duly constituted sections or committees.
Article XIII
This compact shall continue in force and remain binding upon each compacting state until renounced by act of the legislature of such state, in such form as it may choose; provided, that such renunciation shall not become effective until six months after the effective date of the action taken by the legislature. Notice of such renunciation shall be given to the other states party hereto by the secretary of state of the compacting state so renouncing upon passage of the act.
(Acts 1947, No. 51, p. 17, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-5/section-9-12-181/
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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 5 - Gulf States Marine Fisheries Compact.›Section 9-12-181 - Representatives to Gulf States Marine Fisheries Commission.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 5 - Gulf States Marine Fisheries Compact. › Section 9-12-181 - Representatives to Gulf States Marine Fisheries Commission.
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Section 9-12-181
Representatives to Gulf States Marine Fisheries Commission.
In pursuance of Article III of said compact there shall be three representatives from Alabama to the commission created therein to be selected as follows: The Commissioner of Conservation and Natural Resources shall, ex officio, be a representative of the State of Alabama on said commission; one representative shall be from time to time elected by the Legislature from its membership, and such representative shall serve for a four-year period from the date of his election or until his successor shall have been elected; and the other representative shall be appointed by the Governor by and with the advice and consent of the Senate, and such representative shall be a citizen of the State of Alabama having a knowledge of and interest in marine fisheries' problems. The term of such representative shall be four years, and he shall hold office until his successor shall be appointed and qualified. The Commissioner of Conservation and Natural Resources, as ex officio representative, may delegate from time to time to any deputy or other subordinate in his department or office the power to be present and participate, including voting as his representative or substitute, at any meeting or hearing by, or other proceeding of the commission.
(Acts 1947, No. 51, p. 17, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-5/section-9-12-182/
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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 5 - Gulf States Marine Fisheries Compact.›Section 9-12-182 - Powers Granted Commission by Article Supplemental.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 5 - Gulf States Marine Fisheries Compact. › Section 9-12-182 - Powers Granted Commission by Article Supplemental.
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Section 9-12-182
Powers granted commission by article supplemental.
Any powers granted in this article to the commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said commission by other laws of the State of Alabama or by the laws of the States of Florida, Texas, Mississippi, Louisiana or by the Congress or the terms of said compact.
(Acts 1947, No. 51, p. 17, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-5/section-9-12-183/
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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 5 - Gulf States Marine Fisheries Compact.›Section 9-12-183 - Payment of Expenses Incident to Membership in Commission.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 5 - Gulf States Marine Fisheries Compact. › Section 9-12-183 - Payment of Expenses Incident to Membership in Commission.
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Section 9-12-183
Payment of expenses incident to membership in commission.
All necessary expenses incident to the membership of the State of Alabama in the Gulf States Marine Fisheries Commission shall be payable out of the Seafoods Fund upon the requisition of the Commissioner of Conservation and Natural Resources. Such expenses shall include travel cost and necessary expenses of the commissioners and other representatives of the State of Alabama to and from meetings of the commission or its duly constituted sections or committees.
(Acts 1947, No. 51, p. 17, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-5/section-9-12-184/
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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 5 - Gulf States Marine Fisheries Compact.›Section 9-12-184 - Annual Appropriation for Operating Expenses of Commission.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 5 - Gulf States Marine Fisheries Compact. › Section 9-12-184 - Annual Appropriation for Operating Expenses of Commission.
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Section 9-12-184
Annual appropriation for operating expenses of commission.
There is hereby appropriated annually out of the Seafood Fund of the Department of Conservation and Natural Resources the sum of $3,500.00 to the Gulf States Marine Fisheries Commission as the State of Alabama's prorated share of said commission's annual operating expenses as provided in the "Gulf States Marine Fisheries Compact," Sections 9-12-180 through 9-12-183.
(Acts 1961, Ex. Sess., No. 109, p. 2030, § 1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-6/section-9-12-200/
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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 6 - Commercial Alligator Operations.›Section 9-12-200 - Definitions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 6 - Commercial Alligator Operations. › Section 9-12-200 - Definitions.
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Section 9-12-200
Definitions.
For the purposes of this article, the following terms shall have the meanings described herein, unless the context otherwise requires:
(1) ALLIGATOR FARM. An enclosed area not located on public lands or waters, constructed so as to prevent the ingress and egress of alligators from surrounding public or private lands or waters and meeting other specifications prescribed by the department, where alligators are bred and raised under controlled conditions.
(2) ALLIGATOR FARMER. A person who raises alligators under controlled conditions which prohibit free movement of the animals onto and off of the farm or controlled area, and who may harvest alligators under the supervision of the department.
(3) ALLIGATOR PART. Any part of the carcass of an alligator, except its skin.
(4) ALLIGATOR PARTS DEALER. Any person who deals in alligator parts and who buys from an alligator farmer for the purpose of resale; or manufactures within the state alligator parts into a finished product; or purchases, cans, processes, or distributes alligator meat for wholesale or retail; provided, that a retailer selling canned alligator parts or a retailer purchasing alligator parts from an alligator parts dealer or a restaurant selling prepared alligator meat for human consumption shall not be classified as an alligator parts dealer.
(5) COMMISSIONER. The Commissioner of the Alabama Department of Conservation and Natural Resources.
(6) DEPARTMENT. The Alabama Department of Conservation and Natural Resources.
(7) TRANSPORT. In its different tenses, the act of shipping, attempting to ship, receiving or delivering for shipment, transporting, conveying, carrying, or exporting by air, land, or water, or by any means whatsoever.
(Acts 1989, No. 89-874, p. 1749, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-6/section-9-12-201/
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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 6 - Commercial Alligator Operations.›Section 9-12-201 - Who May Engage in Business of Propagating Alligators.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 6 - Commercial Alligator Operations. › Section 9-12-201 - Who May Engage in Business of Propagating Alligators.
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Section 9-12-201
Who may engage in business of propagating alligators.
Any person, firm, or corporation may engage in the business of propagating alligators on an alligator farm for restocking, propagation, and other commercial purposes by complying with the provisions of this article, and may thereafter sell either live alligators to other licensed alligator farmers only, or the parts or skins of such farm-raised alligators to any person, for any purpose, including sale for food, either within or without this state.
(Acts 1989, No. 89-874, p. 1749, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-6/section-9-12-202/
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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 6 - Commercial Alligator Operations.›Section 9-12-202 - License; Fee.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 6 - Commercial Alligator Operations. › Section 9-12-202 - License; Fee.
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Section 9-12-202
License; fee.
Whoever desires to engage in the business of raising, exhibiting, and selling alligators on alligator farms shall apply to the department for a license to do so. If it appears that the application is made in good faith, upon payment of $1,000.00, an alligator farmer license may be issued permitting the applicant to breed, propagate, exhibit and sell to other licensed alligator farmers only, such alligators alive, or sell their skins and parts and to kill and transport them and sell their skins and parts as herein provided.
(Acts 1989, No. 89-874, p. 1749, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-6/section-9-12-203/
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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 6 - Commercial Alligator Operations.›Section 9-12-203 - Expiration and Renewal of License; Fee.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 6 - Commercial Alligator Operations. › Section 9-12-203 - Expiration and Renewal of License; Fee.
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Section 9-12-203
Expiration and renewal of license; fee.
Alligator farmer licenses shall expire on the thirtieth day of September of each year. On or before the first day of October of the following year, every licensee shall apply for a renewal of his license. In conjunction with this application, the licensee shall provide a report including all information as specified by the department. Upon payment of $1,000.00, the department shall renew his license.
(Acts 1989, No. 89-874, p. 1749, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-6/section-9-12-204/
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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 6 - Commercial Alligator Operations.›Section 9-12-204 - Marketing or Taking of Alligators; Rules and Regulations; Tagging; Affidavit; Tra...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 6 - Commercial Alligator Operations. › Section 9-12-204 - Marketing or Taking of Alligators; Rules and Regulations; Tagging; Affidavit; Transportation of Carcass.
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Section 9-12-204
Marketing or taking of alligators; rules and regulations; tagging; affidavit; transportation of carcass.
Alligators raised on such licensed breeding farms may be sold alive to other licensed alligator farmers only, or taken for their skins or for food, according to such rules and regulations as the department may promulgate. All skins shall be tagged according to rules and regulations of the department. The severance tax, as provided in Section 9-12-210, shall be paid before the raw alligator skins are sold or shipped within or without the state, and a written affidavit as to the number and kinds of skins sold or shipped shall be furnished to the department as specified. No alligator carcass or parts intended for sale shall be shipped, transported, sold, or offered for sale unless tagged according to department regulations.
(Acts 1989, No. 89-874, p. 1749, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-6/section-9-12-205/
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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 6 - Commercial Alligator Operations.›Section 9-12-205 - Property Rights.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 6 - Commercial Alligator Operations. › Section 9-12-205 - Property Rights.
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Section 9-12-205
Property rights.
Whoever under the authority of this article has in his lawful possession any such alligators or parts thereof on such posted or fenced alligator farm shall have a property right therein and shall be the owner thereof. Whoever enters the alligator farm and catches, takes, or attempts to catch or take such alligators when the area has been posted or fenced according to law shall be punished as though the alligators were ordinary domestic animals and subject to the property rights of the State of Alabama.
(Acts 1989, No. 89-874, p. 1749, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-6/section-9-12-206/
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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 6 - Commercial Alligator Operations.›Section 9-12-206 - Alligator Parts Dealer License; Retail and Restaurant License; Fees.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 6 - Commercial Alligator Operations. › Section 9-12-206 - Alligator Parts Dealer License; Retail and Restaurant License; Fees.
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Section 9-12-206
Alligator parts dealer license; retail and restaurant license; fees.
(a) Each alligator parts dealer shall secure an alligator parts dealer license from the department before commencing business. The license shall be secured annually and shall be furnished upon the payment of $100.00.
(b) Each retailer selling canned alligator parts or purchasing alligator parts, and each restaurant selling prepared alligator meat for human consumption shall secure a license from the department before commencing business. The license shall be secured annually and shall be furnished upon payment of $5.00.
(Acts 1989, No. 89-874, p. 1749, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-6/section-9-12-207/
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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 6 - Commercial Alligator Operations.›Section 9-12-207 - Alligator Parts Transaction Forms; Bills of Sale; Inspection; Records.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 6 - Commercial Alligator Operations. › Section 9-12-207 - Alligator Parts Transaction Forms; Bills of Sale; Inspection; Records.
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Section 9-12-207
Alligator parts transaction forms; bills of sale; inspection; records.
(a) Any licensed alligator farmer may sell alligator carcasses or parts, provided he completes an official alligator parts transaction form, furnished by the department, for every alligator parts transaction. These forms shall be submitted to the department at 30-day intervals until all parts are sold.
(b) Any alligator parts dealer purchasing alligator parts, other than skins, shall complete an official alligator parts transaction form for each purchase. Any alligator parts dealer selling alligator parts, other than skins, shall complete an official alligator parts sale form for each sale. These forms shall be furnished by the department and shall be submitted to the department at 30-day intervals until final disposition of all parts. Each alligator farmer and parts dealer shall furnish a bill of sale to each retailer or restaurant purchasing alligator parts.
(c) Any retailer or restaurant purchasing alligator parts shall maintain a bill of sale for each purchase for a period of six months after such purchase. These records shall be available for inspection at any and all reasonable hours by the Commissioner of Conservation and Natural Resources, his law enforcement officers or any other persons appointed and designated by him for such purpose.
(d) The records of transaction involving alligator parts of alligator farmers and parts dealers shall be available for inspection at any and all reasonable hours by the Commissioner of Conservation and Natural Resources, his law enforcement officers or any other persons appointed and designated by him for such purpose. Each parts dealer shall maintain complete records for a period of one year following any transaction.
(Acts 1989, No. 89-874, p. 1749, §8.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-6/section-9-12-208/
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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 6 - Commercial Alligator Operations.›Section 9-12-208 - Alligator Parts Tag.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 6 - Commercial Alligator Operations. › Section 9-12-208 - Alligator Parts Tag.
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Section 9-12-208
Alligator parts tag.
Each alligator farmer shall tag with an official alligator parts tag, furnished by the department, all carcasses, meat, or nonedible alligator parts prior to sale and upon dissection from the carcass. This tag shall be completed in full and remain attached to the carcass or part until final disposition by the alligator farmer, parts dealer, or consumer if purchased directly from an alligator farmer.
(Acts 1989, No. 89-874, p. 1749, §9.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-6/section-9-12-209/
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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 6 - Commercial Alligator Operations.›Section 9-12-209 - Shipment of Alligator Skins; Tags.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 6 - Commercial Alligator Operations. › Section 9-12-209 - Shipment of Alligator Skins; Tags.
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Section 9-12-209
Shipment of alligator skins; tags.
All raw alligator skins shipped within this state shall be tagged so as to show the number and kinds of skins in the shipment, the consignor, shipping point, consignee, and destination. The department shall supply suitable tags to all shippers requiring them for actual shipments. No alligator skin intended for shipment within this state shall be accepted by any post office, express company, or agent, or the agent of any common carrier, unless there is attached to one of the packages composing the shipment to each consignee one of the tags specified herein.
(Acts 1989, No. 89-874, p. 1749, §10.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-6/section-9-12-210/
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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 6 - Commercial Alligator Operations.›Section 9-12-210 - Severance Tax on Alligator Skins; Penalty.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 6 - Commercial Alligator Operations. › Section 9-12-210 - Severance Tax on Alligator Skins; Penalty.
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Section 9-12-210
Severance tax on alligator skins; penalty.
There is hereby levied a severance tax on each alligator skin taken from any alligator within this state, payable to the state through the department by the alligator farmer selling or shipping his skins within or without the state or taking his own catch out of state, at the rate of $1.00 on each skin. Failure to pay such severance tax subjects all alligator skins held by such alligator farmers to confiscation by order of the department. Failure to maintain complete records and to pay the severance tax as provided herein subjects any alligator farmer to the full penalties provided in this article and the immediate revocation of his license by the department. No license shall be issued to any alligator farmer who has not paid such severance tax for the preceding year. Violation of this section is a Class A misdemeanor.
(Acts 1989, No. 89-874, p. 1749, §11.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-6/section-9-12-211/
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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 6 - Commercial Alligator Operations.›Section 9-12-211 - Taking or Possession of Alligators, Eggs, Parts or Skins Prohibited Except as Pro...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 6 - Commercial Alligator Operations. › Section 9-12-211 - Taking or Possession of Alligators, Eggs, Parts or Skins Prohibited Except as Provided; Applicability of Section; Penalty.
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Section 9-12-211
Taking or possession of alligators, eggs, parts or skins prohibited except as provided; applicability of section; penalty.
No person shall take or possess the eggs of alligators, alligators, or their parts or skins in any county of this state except as provided for in this article, and the provisions of this section shall not apply to legal finished products, alligators or parts thereof legally acquired prior to May 17, 1989, or alligators harvested or collected under a permit from the Commissioner of the Department of Conservation and Natural Resources. Violation of this section is a Class C felony.
(Acts 1989, No. 89-874, p. 1749, §12.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-6/section-9-12-212/
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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 6 - Commercial Alligator Operations.›Section 9-12-212 - Disbursement of License Fees and Taxes.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 6 - Commercial Alligator Operations. › Section 9-12-212 - Disbursement of License Fees and Taxes.
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Section 9-12-212
Disbursement of license fees and taxes.
All license fees and taxes resulting from the provisions of this article shall be paid into the State Treasury to the credit of the Game and Fish Fund of the Department of Conservation and Natural Resources.
(Acts 1989, No. 89-874, p. 1749, §13.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-6/section-9-12-213/
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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 6 - Commercial Alligator Operations.›Section 9-12-213 - Effect of Federal Endangered Species Status.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 6 - Commercial Alligator Operations. › Section 9-12-213 - Effect of Federal Endangered Species Status.
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Section 9-12-213
Effect of federal endangered species status.
Notwithstanding anything herein to the contrary, in the event the federal government places the alligator in an endangered species status, all licenses issued pursuant to this article shall be null and void upon the earlier of the following dates: (1) the expiration date of said licenses or (2) one year from the date that the federal government placed the alligator in an endangered species status.
(Acts 1989, No. 89-874, p. 1749, §14.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-6/section-9-12-214/
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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 6 - Commercial Alligator Operations.›Section 9-12-214 - Violations; Forfeiture of Property and License; Eligibility for New License.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 6 - Commercial Alligator Operations. › Section 9-12-214 - Violations; Forfeiture of Property and License; Eligibility for New License.
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Section 9-12-214
Violations; forfeiture of property and license; eligibility for new license.
Any person licensed as an alligator farmer under Section 9-12-202 convicted of violating any of the provisions of this article shall have his license cancelled and all alligators, alligator parts, and alligator skins in his possession shall be forfeited to the Department of Conservation and Natural Resources. These shall be disposed of by the department through public auction and the proceeds thereof deposited in the Game and Fish Fund. Any alligator farmer having his license so cancelled will be ineligible to purchase such a license for a period of five years. After five years, said person may purchase an alligator farmer license only on written recommendation of the Director of the Division of Wildlife and Freshwater Fisheries of the department.
(Acts 1989, No. 89-874, p. 1749, §15.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-7/section-9-12-230/
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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 7 - Saltwater Commercial Fishing Regulation and Retirement of Nets; Economic Relief.›Section 9-12-230 - Definitions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 7 - Saltwater Commercial Fishing Regulation and Retirement of Nets; Economic Relief. › Section 9-12-230 - Definitions.
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Section 9-12-230
Definitions.
For purposes of this article, the words Alabama salt and brackish waters means the waters of the Gulf of Mexico and any other salt and brackish bodies of water under the jurisdiction of the State of Alabama, whether coastal, intercoastal, or inland, and any part thereof.
(Act 2008-467, p. 1022, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-7/section-9-12-231/
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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 7 - Saltwater Commercial Fishing Regulation and Retirement of Nets; Economic Relief.›Section 9-12-231 - Nets and Similar Devices Permitted in Salt and Brackish Waters.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 7 - Saltwater Commercial Fishing Regulation and Retirement of Nets; Economic Relief. › Section 9-12-231 - Nets and Similar Devices Permitted in Salt and Brackish Waters.
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Section 9-12-231
Nets and similar devices permitted in salt and brackish waters.
(a) The following nets or similar devices may be used in Alabama salt and brackish waters:
(1) A landing net, which is a net commonly used to land fish while hook-and-line fishing.
(2) A dip or crab net, which may not exceed three feet in diameter.
(3) A minnow seine, which may not exceed 25 feet in length or 4 feet in depth.
(4) A hand thrown cast net, which may not exceed 30 feet in diameter.
(5) A shrimp trawl net.
(6) A net used for scientific or educational purposes; provided that any person using a net for scientific or educational purposes shall have in his or her possession a valid permit issued by the Department of Conservation and Natural Resources, which shall enact rules governing the use of nets for scientific or educational purposes.
(7) A purse seine for the taking of menhaden by persons licensed by the Department of Conservation and Natural Resources in water designated by the department.
(8) A commercial or recreational gill net.
(9) Trammel nets.
(10) Haul nets.
(b) In addition to the nets authorized in subsection (a), any person who, on June 1, 2008, has been issued a recreational gill net license for the 2007-2008 license year may continue to annually purchase a new recreational gill net license for use in near-shore and inshore salt and brackish Alabama waters for the remainder of the person's life. Any person authorized to purchase a recreational gill net license pursuant to the above provision who fails to purchase a license for any year shall not be eligible to purchase a recreational gill net license thereafter. No other recreational gill net licenses shall be issued after June 1, 2008. A recreational gill net may not be over 300 feet long and shall be set by wading. Each recreational gill net in use shall have an identifying tag attached issued by the department. Any recreational gill net license issued pursuant to this subsection shall otherwise continue to be subject to regulation by the Department of Conservation and Natural Resources as provided by law.
(Act 2008-467, p. 1022, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-7/section-9-12-232/
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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 7 - Saltwater Commercial Fishing Regulation and Retirement of Nets; Economic Relief.›Section 9-12-232 - Commercial Gill Net Permits - Acquisition and Retirement.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 7 - Saltwater Commercial Fishing Regulation and Retirement of Nets; Economic Relief. › Section 9-12-232 - Commercial Gill Net Permits - Acquisition and Retirement.
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Section 9-12-232
Commercial gill net permits - Acquisition and retirement.
(a) The Department of Conservation and Natural Resources shall establish and administer a voluntary program to acquire and retire commercial gill net permits of saltwater commercial fishermen issued pursuant to Section 9-12-113.
(b) Each resident Alabama saltwater commercial fisherman who possesses a valid Alabama permit June 1, 2008, and any nonresident commercial fisherman who has held a commercial gill net license for 25 years or more without a fishing violation who possesses a valid Alabama permit on June 1, 2008, may surrender his or her license on or before March 1, 2009.
(c) Upon surrender of the license, the following shall apply:
(1) If the total income of the license holder from dockside value of finfish harvested and landed in Alabama using gill nets in the last three years was less than five thousand dollars ($5,000), the licensee shall receive a payment from the Department of Conservation and Natural Resources of six thousand dollars ($6,000), payable by March 1, 2009.
(2) If the total income of the license holder from dockside values of finfish harvested and landed in Alabama using gill nets was above five thousand dollars ($5,000), but less than twenty thousand dollars ($20,000), he or she shall receive a one-time payment from the Department of Conservation and Natural Resources equal to 200 percent of his or her highest income for the calendar year 2005, 2006, or 2007, payable by March 1, 2009.
(3) In the event the total income of the license holder from dockside values of finfish harvested and landed in Alabama using gill nets was over twenty thousand dollars ($20,000), he or she shall receive from the Department of Conservation and Natural Resources a one-time payment equal to 125 percent of the highest income from the calendar year 2005, 2006, or 2007, payable by March 1, 2009.
(d) In addition, any saltwater commercial fisherman surrendering his or her license shall receive two academic years of free tuition at any public institution operated by the Department of Postsecondary Education, provided the fisherman has completed registration for any classes to be taken within five years of June 1, 2008.
(e) All payments made to the person who surrenders his or her license shall be considered as compensatory in nature and excludable from Alabama gross income tax.
(f) Each saltwater commercial fisherman who surrenders his or her license under this section shall be ineligible to purchase a commercial gill net license thereafter. In addition, the Department of Conservation and Natural Resources shall not issue a replacement license for the license surrendered.
(g) After June 1, 2008, the holder of a license must be present whenever a gill net is being used for fishing.
(h) Any person on June 1, 2008, who has been issued a commercial gill net license for the 2007-2008 license year may continue to annually purchase a new commercial gill net license for use in near-shore and inshore salt and brackish Alabama waters for the remainder of the person's life, subject to the requirements of Section 9-12-113. Any person authorized to purchase a commercial gill net license pursuant to this subsection who fails to purchase such a license for any year shall not be eligible to purchase a commercial gill net license thereafter. Notwithstanding any provision of Section 9-12-113, any person holding a commercial gill net license thereafter may not transfer the license.
(i) After June 1, 2008, the Department of Conservation and Natural Resources shall not issue a permit for commercial gill net fishing to any nonresident.
(Act 2008-467, p. 1022, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-7/section-9-12-233/
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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 7 - Saltwater Commercial Fishing Regulation and Retirement of Nets; Economic Relief.›Section 9-12-233 - Additional Surcharge on Saltwater Fishing Licenses.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 7 - Saltwater Commercial Fishing Regulation and Retirement of Nets; Economic Relief. › Section 9-12-233 - Additional Surcharge on Saltwater Fishing Licenses.
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Section 9-12-233
Additional surcharge on saltwater fishing licenses.
Effective for a period of five years following June 1, 2008, there is levied a surcharge of up to eight dollars ($8), as set by the Commissioner of the Department of Conservation and Natural Resources, on each annual resident and nonresident saltwater fishing license issued under Sections 9-11-53.1, 9-11-53.2, 9-11-53.5, 9-11-55.2, and 9-11-55.3. The surcharge shall be in addition to the regular license and issuance fees on such licenses and shall be collected in the same manner as those fees. The surcharge shall not apply to saltwater licenses issued to disabled persons. The proceeds from the surcharge shall be deposited into the Marine Resources Restoration Fund established in Section 9-12-234 and used for the purposes specified therein.
(Act 2008-467, p. 1022, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-12/article-7/section-9-12-234/
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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 7 - Saltwater Commercial Fishing Regulation and Retirement of Nets; Economic Relief.›Section 9-12-234 - Marine Resources Restoration Fund.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 7 - Saltwater Commercial Fishing Regulation and Retirement of Nets; Economic Relief. › Section 9-12-234 - Marine Resources Restoration Fund.
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Section 9-12-234
Marine Resources Restoration Fund.
(a) There is created in the State Treasury the Marine Resources Restoration Fund which shall receive funds from the additional surcharge on resident and nonresident saltwater fishing licenses levied pursuant to Section 9-12-233. In addition, the fund shall receive any state, federal, local, or private funds that may be legally applied toward economic relief of saltwater commercial gill net fishermen.
(b) The fund is continuously appropriated to the Department of Conservation and Natural Resources for the purpose of implementing the programs established in Section 9-12-232 and as otherwise provided in subsection (d). The department may not use any of the monies in the fund for administrative expenses.
(c) All interest and earnings derived from the monies in the fund shall remain in the fund. Any unexpended monies remaining in the fund at the end of the fiscal year shall remain in the fund and shall remain available for expenditure by the department for the purposes specified herein until expended in full.
(d) Any funds in the Marine Resources Restoration Fund not used for implementing the program established in Section 9-12-232 shall be used for research and reef development.
(e) Notwithstanding any provision of this article to the contrary, the obligations of the Department of Conservation and Natural Resources to acquire and retire nets as set out in Section 9-12-232 shall be limited to the availability of funds in the Marine Resources Restoration Fund.
(Act 2008-467, p. 1022, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-1/section-9-13-1/
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-1 - Gifts of Lands for State Forests.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-1 - Gifts of Lands for State Forests.
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Section 9-13-1
Gifts of lands for state forests.
The Governor may, upon the recommendation of the State Forestry Commission, accept gifts of land to the state, the same to be held and administered by the State Forestry Commission as state forests and to be so used as to demonstrate the practical utility of timber culture. Such gifts must be absolute, except the mineral and mining rights over and under said lands (but no reservation of any timber rights in connection therewith) may be reserved and except for a stipulation that they be held and administered as state forests; and the Attorney General shall see that all deeds of gift or other grants to the state of land mentioned above are properly executed and convey good title before the gift is accepted.
(Acts 1923, No. 486, p. 638, §5; Code 1923, §991; Code 1940, T. 8, §188.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-1/section-9-13-2/
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-2 - Distribution and Expenditure of Receipts From National Forests.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-2 - Distribution and Expenditure of Receipts From National Forests.
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Section 9-13-2
Distribution and expenditure of receipts from national forests.
Promptly after receipt by the state of any moneys from the United States accruing from receipts from national forests within the state, the Governor shall cause said moneys to be distributed among the several counties of the state proportional to the area of national forests located therein. Upon receipt of any such moneys by any county, the county commission of the county involved shall cause 50 percent of the amount so received to be paid to the board of education of such county to be used and expended by said board of education for the benefit of the public schools of such county, and 50 percent of the amount so received shall be expended by the county commission of such county for the benefit of the public roads of the county.
(Acts 1943, No. 590, p. 595, § 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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-3 - Assistance, etc., of Private Landowners; Suppression of Forest Fires, etc.; Promoti...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-3 - Assistance, etc., of Private Landowners; Suppression of Forest Fires, etc.; Promotion and Development of Forestry, etc.; Acquisition, Management and Disposition of Land; Officers, Assistants and Employees.
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Section 9-13-3
Assistance, etc., of private landowners; suppression of forest fires, etc.; promotion and development of forestry, etc.; acquisition, management and disposition of land; officers, assistants and employees.
(a) The commission shall give such advice, assistance and cooperation as may be practicable to private landowners and promote, so far as it may be able, a proper appreciation in this state among all classes of the population of the benefits to be derived from forest culture, preservation and use.
(b) The commission may take such measures as may be reasonable and practicable to prevent and suppress forest fires and other influences harmful to forest growth and may apply such parts of the forestry fund and other funds accruing to it as may be necessary to such purposes and to providing such systems of control as it may establish, either independently or in cooperation with the federal government and other agencies, public or private.
(c) The commission shall be the sole cooperating agency in joint work in the promotion and development of forestry and other matters and interests devolving upon it by law, among all classes of land ownership in the state, in which both the state and the federal government may have financial or administrative participation.
(d) The commission, for the purpose of establishing, developing and maintaining state forests, administrative headquarters sites, tower sites and other areas necessary for its efficient operation, may acquire land by donation, purchase, condemnation or lease, and for these purposes may use such funds as may be available to it and not otherwise obligated and may enter into agreements with the federal government or other agencies and private landowners for acquiring by lease, purchase or otherwise such lands as in its judgment are desirable or necessary.
When lands are acquired or leased under this section, the commission is authorized to make expenditures from any funds not otherwise obligated for the management, development and utilization of such areas, to sell or otherwise dispose of products from such lands, to have sole charge of all state forests and other lands that have been acquired hereunder and to have authority to make such rules and regulations for the management, administration, occupancy and use of said lands and all property and things of whatsoever nature therein or thereon as it shall find necessary.
The commission shall have full power and authority to sell, exchange or lease lands under its jurisdiction when in its judgment it is advantageous to the state to do so in the orderly development and management of state forests and other designated areas; provided, however, that said sale, lease or exchange shall not be contrary to the terms of any contract which it has entered into.
(e) The commission may employ such officers, assistants and employees as may be necessary and, as to persons employed wholly or in part in carrying out the provisions of cooperative agreements with the federal government or other agencies, for such compensation heretofore or hereafter paid may use such contributions or receipts as may be derived from the United States or from any private or philanthropic source.
(Acts 1969, No. 764, p. 1354, §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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-4 - Alabama Forestry Commission Fund.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-4 - Alabama Forestry Commission Fund.
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Section 9-13-4
Alabama Forestry Commission Fund.
There shall be a fund known as the Alabama Forestry Commission Fund. This fund shall consist of all occupational licenses and privilege taxes imposed by the state for engaging in any business dealing with timber or timber products and all fines and forfeitures arising under the provisions of this chapter, and all appropriations made by the State of Alabama from its General Funds in furtherance of the purposes of this chapter shall be paid into said Alabama Forestry Commission Fund. There shall also be paid into said Alabama Forestry Commission Fund all sums accruing to the State Forestry Commission from whatsoever source. This fund shall be used and expended by the State Forestry Commission in accordance with the terms of the gift, bequest, appropriation or donation from which said moneys are derived and, in absence of any such terms, shall be expended by the State Forestry Commission in furtherance of any of the provisions of this chapter. All necessary expenses of the State Forestry Commission shall be payable out of said fund on the requisition of the State Forester; provided, that nothing herein contained shall be construed to require the diversion of any funds from any particular purpose for which they were collected, allotted or budgeted if the effect of such diversion would penalize the state in retaining or securing any federal funds or federal assistance, and no funds shall be withdrawn nor expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41 of this Code and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill.
(Acts 1923, No. 486, p. 638, § 13; Code 1923, §§1005, 1006; Code 1940, T. 8, §202; Acts 1945, No. 227, p. 350, §1; Acts 1951, No. 832, p. 1462, § 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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-5 - Designation or Appointment of Forest Wardens; Duties.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-5 - Designation or Appointment of Forest Wardens; Duties.
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Section 9-13-5
Designation or appointment of forest wardens; duties.
All sheriffs, deputy sheriffs, constables, marshals and such other persons as may be designated or appointed by the Governor or by the State Forester are hereby declared to be forest wardens, and they shall report to the said State Forester and to the district attorney for the county in which the same occur any violations of any provisions of this chapter.
(Acts 1923, No. 486, p. 638, §14; Code 1923, §1007; Acts 1935, No. 23, p. 38, §1; Acts 1935, No. 500, p. 1078, §1; Code 1940, T. 8, §203.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-1/section-9-13-6/
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-6 - Forest Fire Wardens - Appointment; Duties Generally.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-6 - Forest Fire Wardens - Appointment; Duties Generally.
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Section 9-13-6
Forest fire wardens - Appointment; duties generally.
The State Forester shall have the power to appoint any person in any area of the state who is skilled in forestry work or fire prevention as a forest fire warden, on a volunteer status, whose duties shall be to prevent and suppress forest fires in his respective locale. All persons so appointed shall receive a duly executed commission signed by the State Forester stating on the face thereof the appointee's name and title.
(Acts 1955, No. 366, p. 886, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-1/section-9-13-7/
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-7 - Forest Fire Wardens - Right of Entry Upon Lands for Construction of Fire Lines, Etc...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-7 - Forest Fire Wardens - Right of Entry Upon Lands for Construction of Fire Lines, Etc.
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Section 9-13-7
Forest fire wardens - Right of entry upon lands for construction of fire lines, etc.
Persons so appointed as forest wardens shall be empowered to enter any lands and to construct thereon fire lines, fire lanes or fire breaks, to set back fires thereon if necessary to prevent the further spread of fire then actually burning and to do other work necessary in the performance of their duties without liability for trespass or damages therefrom.
(Acts 1955, No. 366, p. 886, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-1/section-9-13-8/
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-8 - Forest Fire Wardens - Issuance to and Use of Fire-Fighting Equipment.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-8 - Forest Fire Wardens - Issuance to and Use of Fire-Fighting Equipment.
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Section 9-13-8
Forest fire wardens — Issuance to and use of fire-fighting equipment.
At the discretion of the State Forester, such forest fire wardens may be issued fire-fighting equipment from such equipment as may be available for such purposes to the State Forestry Commission, and any such equipment so issued may be used only for the suppression of forest fires.
(Acts 1955, No. 366, p. 886, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-1/section-9-13-9/
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-9 - Forest Fire Wardens - Compensation.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-9 - Forest Fire Wardens - Compensation.
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Section 9-13-9
Forest fire wardens - Compensation.
The State Forester, with the approval of the state merit board, shall have the power to provide for the compensation to be received by such forest fire wardens if, in his judgment, he deems such compensation necessary; provided, that they shall receive compensation only for such hours as are spent on fire fighting and for any actual expenses incurred by them in the performance of such duties.
(Acts 1955, No. 366, p. 886, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-1/section-9-13-10/
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-10 - Powers of State Forestry Commission Employees as to Enforcement of Laws, Preventio...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-10 - Powers of State Forestry Commission Employees as to Enforcement of Laws, Prevention and Suppression of Forest Fires, Etc.
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Section 9-13-10
Powers of State Forestry Commission employees as to enforcement of laws, prevention and suppression of forest fires, etc.
All employees of the State Forestry Commission appointed as forest law enforcement officers by the State Forester are hereby constituted peace officers of the State of Alabama with full police power and may exercise such powers anywhere within the state. They are hereby authorized to carry firearms or other weapons when they are actually in the discharge of their duties as such officers as provided by law. They shall be clothed with the power to arrest with or without warrant any person who shall violate any of the laws of the State of Alabama or any rule or regulation of the Alabama Forestry Commission and take him before a proper court for trial. All employees of the State Forestry Commission and all duly appointed officers of the United States whose duty it is to prevent and suppress forest fires are empowered to enter any lands and to construct thereon fire lines, fire lanes or fire breaks, to set back fires thereon if necessary to prevent the further spread of fire then actually burning and to do all other work necessary in the performance of their duties, including the right to enter any lands for the purpose of making investigations for the cause or causes of fires, without liability for trespass or damage therefrom.
(Acts 1939, No. 492, p. 711, § 3; Code 1940, T. 8, §206; Acts 1967, No. 724, p. 1560, § 1; Acts 1980, No. 80-507, p. 786, § 1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-1/section-9-13-10-1/
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-10.1 - Assistance of State Forestry Commission in Control and Suppression of Wildfires...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-10.1 - Assistance of State Forestry Commission in Control and Suppression of Wildfires by Other State Agencies.
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Section 9-13-10.1
Assistance of State Forestry Commission in control and suppression of wildfires by other state agencies.
All state agencies, in the performance of their duties and responsibilities to the people of Alabama, are authorized to aid and assist the State Forestry Commission in the control and suppression of wildfires, on request of the Governor of Alabama, with such requested resources that are reasonably available and needed to cope with the specific situation.
(Acts 1976, No. 102, p. 98.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-1/section-9-13-10-2/
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-10.2 - Rulemaking Authority; Violations; Enforement.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-10.2 - Rulemaking Authority; Violations; Enforement.
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Section 9-13-10.2
Rulemaking authority; violations; enforement.
(a)(1) The State Forestry Commission may adopt, alter, amend, or repeal rules governing the preservation, protection, and use of state forests and any other lands owned, leased, or otherwise controlled by the commission.
(2) Any person who violates a rule adopted pursuant to this section shall be guilty of a Class C misdemeanor and shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500) for each offense, and may be required to pay all costs of the proceedings.
(3) When collected, all fines shall be paid to the Office of the State Forester to be delivered to the State Treasurer and placed in the Alabama Forestry Commission Fund.
(b) The State Forester and any employee of the State Forestry Commission so designated by the State Forester shall have and is vested with the authority to prefer charges and issue a citation against a person for violating a rule adopted pursuant to this section or for the violation of any other provision of this article.
(Act 2018-462, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-1/section-9-13-11/
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-11 - Willful, Malicious, or Intentional Setting on Fire, etc., of Woodlands, Grasslands...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-11 - Willful, Malicious, or Intentional Setting on Fire, etc., of Woodlands, Grasslands, etc.; Burning Permits; Fire Alerts; Organized Forest Fire Protection; Fines.
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Section 9-13-11
Willful, malicious, or intentional setting on fire, etc., of woodlands, grasslands, etc.; burning permits; fire alerts; organized forest fire protection; fines.
(a) It shall be a Class C felony for every person, firm, association, or corporation to do either of the following:
(1) Willfully, maliciously or intentionally burns, sets fire to, attempts to set fire to, or causes to be burned or any fire to be set to any forest, grass, woodlands, or other inflammable vegetation on any lands not owned, leased, controlled, or in the lawful possession of the person, firm, association, or corporation setting the fire or burning such lands or causing the fire to be set or lands to be burned.
(2) Shall have in his or her possession or shall set, throw or place any device, instrument, or other incendiary paraphernalia, including any time-delay incendiary device, in or adjacent to any forest, grass, woodlands, or other inflammable vegetation, which forest, grass, woodland or other inflammable vegetation is not owned, leased, controlled, or in the lawful possession of the person possessing such device, instrument, or paraphernalia.
(b) It shall be a Class B misdemeanor for any person, firm, association, or corporation:
(1) Who recklessly or with wanton disregard for the safety of persons or property allows a fire to escape from land owned, leased, or controlled by him or her, whereby any property of another is injured or destroyed;
(2) Who shall burn any brush, stumps, logs, rubbish, fallen timber, grass, stubble, or debris of any sort, whether on one's own land or that of another, without taking reasonably necessary precautions, both before lighting the fire and all times thereafter to prevent the escape thereof;
(3) Who shall set fire to any brush, stumps, logs, rubbish, fallen timber, grass, stubble, or debris of any sort within or near any forest or woodland, unless the area surrounding said material to be burned shall be cleared of all inflammable material for a reasonably safe distance in all directions and maintained free of all inflammable material so long as such fire shall continue to burn;
(4) Who shall set a fire within or near any forest, woodland, or grassland without clearing the ground immediately around it free from material which will carry fire, or shall leave such fire before it is totally extinguished or start a fire in any forest, woodland, or grassland by throwing away a lighted cigar, cigarette, match or by the use of firearms or in any other manner and leave the same unextinguished;
(5) Who shall destroy, remove, injure, or deface any fire warning or notices or deface any inscription or devices comprising such notices;
(6) Who shall burn any new ground, field, grasslands, or woodlands, or adjoining woodlands or grasslands of another within any area which has been placed under organized forest fire protection by the State Forestry Commission without first obtaining verbal authorization from the State Forestry Commission by obtaining a burning permit number.
(c) It shall be a Class A misdemeanor for any person to recklessly or with wanton disregard for the safety of persons or property burn, set fire to, attempt to set fire to, or cause to be burned or any fire to be set to any forest, grass, woodlands, or other inflammable vegetation on any lands not owned, leased, controlled, or in the lawful possession of the person setting the fire or burning such lands or causing the fire to be set or lands to be burned without the permission of the lawful owner.
(d) (1) Burning permits may be obtained from the district operations center when the center is in active operation. The following criteria must be met:
a. The person requesting the permit must have adequate tools, equipment, and manpower to stay with and control the fire during the entire burning period.
b. The person requesting the permit is responsible to keep the fire confined.
c. In no case will the person requesting the permit allow the fire to be unattended until it is dead out.
(2) Burning permits will be issued if the individual requesting the permit states that the above criteria will be met unless the State Forester shall declare a fire alert. Under fire alert conditions the State Forester may allow issuance of permits at his or her discretion, taking into account the number of fires burning in the district, current and projected weather conditions, the ability of the person seeking the permit to contain the fire and that individual's knowledge of fire behavior, and other factors which may affect fires and fire behavior. A fire alert will be issued by the State Forester for any district or portion of a district that in the opinion of the State Forester, has existing conditions which produce extraordinary danger from fire or smoke.
(3) If subsequent to issuance of a permit a lawfully authorized fire escapes to the lands of another and an investigation reveals that the permit holder did not meet all the criteria as set forth above, the fire will be treated as if no legal authorization had been obtained.
(4) A burning permit once issued may be revoked if the person requesting the permit fails to comply with proper burning procedures or if weather conditions develop which may result in erratic fire or smoke behavior.
(e) An area shall be deemed legally placed under organized forest fire protection by the State Forestry Commission of the State of Alabama upon proclamation of the State Forester. Such proclamation shall describe the lands placed in said area and shall be published once a week for two consecutive weeks in a newspaper published in the county where the lands composing said area are located. If there are no newspapers published in the county where said lands are located, then said proclamation shall be published in a newspaper of an adjoining county. In the event the lands composing said area are located in more than one county, such proclamation shall be so published in a newspaper in each county where said lands are located. Beginning with the twelfth day after the first publication of said proclamation in said newspaper or newspapers, the lands described in the proclamation shall be deemed in an area under organized forest fire protection. Upon the trial of any person, firm, or corporation for the violation of any provision of this section, a certified copy of said proclamation executed by the State Forester shall be admissible in evidence and shall be conclusive evidence of the fact that the lands described in said proclamation constitute an area under organized forest fire protection within the meaning of this section.
(f) All moneys collected for any violation of this section as fines, forfeitures, etc., shall go to the Alabama Forestry Commission Fund and shall be used in defraying the expense of the administration of such State Forestry Commission.
(Acts 1939, No. 492, p. 711, §1; Code 1940, T. 8, §204; Acts 1943, No. 464, p. 426, §1; Acts 1980, No. 80-743, p. 1512, §1; Act 98-603, p. 1321, §1; Act 2010-603, p. 1471, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-1/section-9-13-12/
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-12 - Uncontrolled Fires Declared Public Nuisances; Liability for Refusal or Neglect to...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-12 - Uncontrolled Fires Declared Public Nuisances; Liability for Refusal or Neglect to Control or Extinguish Same.
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Section 9-13-12
Uncontrolled fires declared public nuisances; liability for refusal or neglect to control or extinguish same.
Any fire burning uncontrolled on any forested, cutover, brushland or grassland area is hereby declared to be a public nuisance by reason of its menace to life and property. Any person, firm, association or corporation responsible either for the starting or the existence of such fire is hereby required to make a reasonable effort to control or extinguish it as soon as he has knowledge thereof, and if such person, firm, association or corporation shall refuse or neglect to do so, any organized fire suppression force may suppress the nuisance thus constituted by controlling and extinguishing the fire, and the cost thereof may be recovered from said person, firm, association or corporation responsible for the starting or existence of such fire.
(Acts 1939, No. 429, p. 711, § 2; Code 1940, T. 8, §205.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-1/section-9-13-13/
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-13 - Setting on Fire, etc., of Woods, etc., Without Written Notice to Adjacent Landowne...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-13 - Setting on Fire, etc., of Woods, etc., Without Written Notice to Adjacent Landowners.
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Section 9-13-13
Setting on fire, etc., of woods, etc., without written notice to adjacent landowners.
Any person or corporation who shall set fire to or procure another to set fire to any woods, logs, brush, weeds, grass or clearing upon his or its own land without giving adjacent landowners five days' written notice of such intention to do so, unless he or it shall have taken all possible care and precaution against the spread of such fire, shall be guilty of a misdemeanor.
(Acts 1923, No. 486, p. 638, § 12; Code 1923, §4114; Code 1940, T. 8, §207.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-1/section-9-13-14/
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-14 - Equipping of Locomotives, etc., With Appliances to Prevent Escape of Fire.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-14 - Equipping of Locomotives, etc., With Appliances to Prevent Escape of Fire.
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Section 9-13-14
Equipping of locomotives, etc., with appliances to prevent escape of fire.
Logging and railroad locomotives, donkey and threshing engines and other engines and boilers operated in, through and near forest or brush which do not burn oil as fuel shall be provided with appliances to prevent the escape of fire and sparks from the smoke stacks thereof and with devices to prevent the escape of fire from ashpans and fire boxes. Failure to comply with the requirements of this section shall be a misdemeanor punishable, upon conviction, by a fine of not less than $10.00 nor more than $100.00 for each and every offense thus committed; but the escape of fire accidentally from engines equipped with the standard appliances to prevent the escape of fire shall not constitute an offense against the section.
(Acts 1923, No. 486, p. 638; Code 1923, §4115; Code 1940, T. 8, §208.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-1/section-9-13-15/
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-15 - Attachment of Wires, etc., to Trees in Towns or Cities by Lighting or Power Compan...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-15 - Attachment of Wires, etc., to Trees in Towns or Cities by Lighting or Power Companies.
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Section 9-13-15
Attachment of wires, etc., to trees in towns or cities by lighting or power companies.
No electric lighting or power company shall attach any wires or other lighting appliances to any trees along any street of any town or city in this state. In towns and cities where such wires and lighting appliances are already attached to trees, the persons, firms or corporations owning the same shall remove the same. Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $25.00 nor more than $100.00 for each and every offense so committed.
(Acts 1923, No. 486, p. 638; Code 1923, §4118; Code 1940, T. 8, §211.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-1/section-9-13-22/
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-22 - District Attorneys to Prosecute Violators of Provisions of Chapter.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-22 - District Attorneys to Prosecute Violators of Provisions of Chapter.
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Section 9-13-22
District attorneys to prosecute violators of provisions of chapter.
The district attorneys of the several counties shall prosecute all violators of the provisions of this chapter.
(Acts 1923, No. 486, p. 638; Code 1923, §4117; Code 1940, T. 8, §210.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-1/section-9-13-23/
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-23 - Jurisdiction of Prosecutions Under Chapter.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-23 - Jurisdiction of Prosecutions Under Chapter.
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Section 9-13-23
Jurisdiction of prosecutions under chapter.
The district courts of this state shall have jurisdiction to hear and determine all cases and prosecutions originating under the provisions of this chapter and shall impose and collect fines not exceeding the amount of $100.00, except as otherwise provided in this chapter.
(Acts 1923, No. 486, p. 638; Code 1923, §4116; Code 1940, T. 8, §209.)
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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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-24 - Fees of Arresting Officers, etc.; Informers' Fees.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-24 - Fees of Arresting Officers, etc.; Informers' Fees.
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Section 9-13-24
Fees of arresting officers, etc.; informers' fees.
When an arrest for a violation of the provisions of the forestry laws is made by a salaried officer or salaried employee of the State Forestry Commission and the defendant is convicted, there shall be taxed as costs the same fee as the sheriff in this state is entitled to for similar services and, if collected from the defendant, shall be immediately remitted by the trial court directly to the State Forester, and said fee shall be used for the purpose of the administration of the State Forestry Commission. If the person making the arrest shall be a nonsalaried officer or not an employee of the State Forestry Commission and if said fee is collected from the defendant, such person shall be entitled to said fee and shall receive in addition thereto an informer's fee of one-half the fine in each case where the information furnished by him results in a conviction and the fine is collected and paid into court; provided, however, that in no case shall the amount paid to the informant or party making the affidavit as to the commission of any offense embraced in this chapter exceed the sum of $25.00. All amounts in excess of $25.00 shall be remitted to the State Forester as provided in this section. No fee shall be allowed in cases of acquittal.
(Acts 1936-37, Ex. Sess., No. 161, p. 183, § 1; Code 1940, T. 8, §218; Acts 1951, No. 984, p. 1659, § 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 13 - Forests and Forest Products.›Article 1 - General Provisions.›Section 9-13-25 - Forestry Study Committee Established; Membership; Meetings; Duties; Powers; Expens...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 1 - General Provisions. › Section 9-13-25 - Forestry Study Committee Established; Membership; Meetings; Duties; Powers; Expenses; Reports.
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Section 9-13-25
Forestry Study Committee established; membership; meetings; duties; powers; expenses; reports.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1979, No. 79-711, p. 1264, § 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 13 - Forests and Forest Products.›Article 2 - Auxiliary State Forests.›Section 9-13-40 - Declaration of Public Policy; Deferred Taxation of Timber on Lands Designated as A...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 2 - Auxiliary State Forests. › Section 9-13-40 - Declaration of Public Policy; Deferred Taxation of Timber on Lands Designated as Auxiliary State Forests Authorized and Directed.
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Section 9-13-40
Declaration of public policy; deferred taxation of timber on lands designated as auxiliary state forests authorized and directed.
It is the declared policy of the state to encourage reforestation of cutover lands and timber culture generally; and to that end and in consideration of the public benefits arising therefrom, the timber growing on lands which shall hereafter be designated by the State Forestry Commission as auxiliary state forests under the provision of this article shall not be taxable or assessed for taxation by any authority from the time that said lands are so designated until they are withdrawn as auxiliary state forests, and only the land on which said timber grows may be taxed or assessed for taxation as if the ownership of the timber growing thereon had been severed from the ownership of the land, and the valuation of the timber growing on auxiliary state forests shall not be included in the valuation of the shares of stock in any domestic corporation owning such timber in arriving at the valuation of the shares of stock of such corporation for taxation; provided, that said land shall be appraised jointly by the Department of Revenue and the State Forestry Commission with view to its use for timber production purposes, such appraisal being made with due regard to the fact that the timber yields from such lands require a considerable period of years for maturing and that the valuation determined by such appraisal for the purposes of taxation of the land independently of the timber shall not be increased during the continuance of such land as auxiliary state forests; and provided further, that when the land embraced within an auxiliary state forest does not exceed 160 acres, the land shall not be taxed or assessed for taxation.
(Code 1923, §992; Acts 1935, No. 23, p. 38, §1; Acts 1935, No. 500, p. 1078, §1; Acts 1936-37, Ex. Sess., No. 14, p. 7, §1; Code 1940, T. 8, §189.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-2/section-9-13-41/
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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 13 - Forests and Forest Products.›Article 2 - Auxiliary State Forests.›Section 9-13-41 - Designation of Lands as Auxiliary State Forests - Applications.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 2 - Auxiliary State Forests. › Section 9-13-41 - Designation of Lands as Auxiliary State Forests - Applications.
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Section 9-13-41
Designation of lands as auxiliary state forests - Applications.
Any owner of lands desiring to devote the same to forest culture and to have the same designated as auxiliary state forests shall file with the State Forestry Commission an application in writing, which shall be signed by such owner, describing the lands which said owner desires to have designated as auxiliary state forests, stating his willingness to enter into the contract provided for in this article and such other information as the State Forestry Commission may require and praying that such lands shall be designated by the State Forestry Commission as auxiliary state forests.
(Acts 1923, No. 486, p. 638, §8; Code 1923, §997; Code 1940, T. 8, §194.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-2/section-9-13-42/
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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 13 - Forests and Forest Products.›Article 2 - Auxiliary State Forests.›Section 9-13-42 - Designation of Lands as Auxiliary State Forests - When Abstract of Title, etc., Re...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 2 - Auxiliary State Forests. › Section 9-13-42 - Designation of Lands as Auxiliary State Forests - When Abstract of Title, etc., Required; Release of Dower or Homestead Rights.
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Section 9-13-42
Designation of lands as auxiliary state forests - When abstract of title, etc., required; release of dower or homestead rights.
The State Forestry Commission may, in its discretion, require the applicant to furnish an abstract of title of said lands showing him to be the owner in fee thereof or other satisfactory proof of title, and all rights of dower or homestead in said lands, as against the operation of said contract, shall be released before the same is approved.
(Acts 1923, No. 486, p. 638, §8; Code 1923, §1000; Code 1940, T. 8, §197.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-2/section-9-13-43/
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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 13 - Forests and Forest Products.›Article 2 - Auxiliary State Forests.›Section 9-13-43 - Designation of Lands as Auxiliary State Forests - Inspection of Lands; Drafting an...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 2 - Auxiliary State Forests. › Section 9-13-43 - Designation of Lands as Auxiliary State Forests - Inspection of Lands; Drafting and Execution of Contracts.
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Section 9-13-43
Designation of lands as auxiliary state forests - Inspection of lands; drafting and execution of contracts.
Upon the filing of such application, the State Forestry Commission shall, as soon as practicable, inspect the said land or cause the same to be inspected by the State Forester or some other competent and suitable person; and, if the State Forestry Commission shall find said lands to be suited for forest culture, it shall certify that fact, together with a copy of said application to the Governor, who shall, if he deems it advisable to do so, thereupon cause the contract provided for in this article to be drawn by the Attorney General, and, upon the execution of the same, by the owner of the land, the Governor shall execute the same for and on behalf of and in the name of the State of Alabama.
Said contract shall be executed in quadruplicate. One copy shall be filed with the State Forestry Commission and one with the Department of Revenue or body exercising its jurisdiction and powers. One copy shall be delivered to the owner of the land, and the fourth shall be filed by the State Forester for record in the probate office of the county or counties in which said land is situated, at the cost of the owner. The Attorney General shall approve the execution of said contracts.
(Acts 1923, No. 486, p. 638, §8; Code 1923, §§998, 999; Code 1940, T. 8, §§195, 196.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-2/section-9-13-44/
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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 13 - Forests and Forest Products.›Article 2 - Auxiliary State Forests.›Section 9-13-44 - Designation of Lands as Auxiliary State Forests - Contents of Contracts.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 2 - Auxiliary State Forests. › Section 9-13-44 - Designation of Lands as Auxiliary State Forests - Contents of Contracts.
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Section 9-13-44
Designation of lands as auxiliary state forests - Contents of contracts.
The Governor may, at his discretion, upon designation of any lands as auxiliary state forests, under the provisions of this article, on behalf of and in the name of the State of Alabama, enter into a contract by and with the owner of said land and the successors and assigns of said owner, the said covenant to run with the land that, in consideration of the devotion of said land to reforestation and of the public benefits arising therefrom, the timber growing on said land shall not be taxable nor assessed for taxation, directly or indirectly, or by any authority, until said lands are withdrawn as auxiliary state forests and that only the land upon which said timber is grown may be taxed or assessed for taxation during said period and that, if said land is taxed or assessed for taxation, it shall be assessed and valued as if the ownership of the timber had been severed from the ownership of the land; provided, that said land shall be appraised jointly by the Department of Revenue and the State Forestry Commission, such appraisal being made with due regard to the fact that the timber yields from such lands require a considerable period of years for maturing and that the valuation determined by such appraisal for the purposes of taxation of the land independently of the timber shall be the valuation of such lands upon and from the effective date of the approval of the contract and shall not be increased during the continuance of such lands as auxiliary state forests and that, if the land included under the contract does not exceed 160 acres, the land shall not be taxed or assessed for taxation.
It shall be agreed in said contract that the owner of said land will devote the same to forest culture and that no use shall be made of said land that will militate against the growth of the timber thereon; that the owner will use diligence in protecting the same against fire in accordance with rules established by the State Forestry Commission and that the owner will not withdraw said lands as auxiliary state forests for a period of five years after the same are entered as such and will not cut, turpentine or otherwise utilize the timber thereon before the withdrawal of the same as auxiliary state forests, except in accordance with rules formulated by the State Forestry Commission, which rules and other rules mentioned in this article it is authorized and directed to make.
Upon application of any owner of land comprised within auxiliary state forests heretofore established under contract of current effect, provisions authorized in this section but not included in the original contract may, with the approval of the Governor, be included in a supplemental contract modifying the terms of the original contract.
(Acts 1923, No. 486, p. 638, §7; Code 1923, §993; Acts 1935, No. 23, p. 38, §1; Acts 1935, No. 500, p. 1078, §1; Code 1940, T. 8, §190.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-2/section-9-13-45/
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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 13 - Forests and Forest Products.›Article 2 - Auxiliary State Forests.›Section 9-13-45 - Abrogation of Contracts.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 2 - Auxiliary State Forests. › Section 9-13-45 - Abrogation of Contracts.
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Section 9-13-45
Abrogation of contracts.
If any owner or the successor in title of any such owner shall violate the provisions of his contract, the Governor may, in his discretion, abrogate the same by a written order to be filed with the Department of Revenue, the State Forestry Commission and the said owner or his successor in title. Upon such abrogation, the privilege tax provided for in this article shall at once become due and payable in all respects as if said lands had been legally withdrawn as auxiliary state forests.
(Acts 1923, No. 486, p. 638; Code 1923, §1003; Code 1940, T. 8, §200.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-2/section-9-13-46/
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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 13 - Forests and Forest Products.›Article 2 - Auxiliary State Forests.›Section 9-13-46 - Withdrawing of Lands as Auxiliary State Forests; Harvesting or Use of Timber Witho...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 2 - Auxiliary State Forests. › Section 9-13-46 - Withdrawing of Lands as Auxiliary State Forests; Harvesting or Use of Timber Without Withdrawing of Lands; Payment of Privilege Tax Generally.
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Section 9-13-46
Withdrawing of lands as auxiliary state forests; harvesting or use of timber without withdrawing of lands; payment of privilege tax generally.
(a) Any owner of land designated as auxiliary state forests may, after the lapse of five years from the designation of the said lands as such, file with the State Forestry Commission an application in writing to withdraw the same or any part thereof, and thereupon the value of the timber on the land desired to be withdrawn shall be appraised and the privilege tax thereon computed as provided for in this article; and, on the payment of said privilege tax, the State Forestry Commission shall make an order withdrawing the same as an auxiliary state forest, a copy of which shall be filed with the Department of Revenue, a copy entered in a book to be kept for that purpose by the State Forestry Commission, a copy delivered to the said owner and a copy filed by the State Forestry Commission at the cost of the owner in the probate office in the county or counties in which said land is situated.
(b) The owner of such lands shall have the right to harvest or otherwise use parts of said timber without withdrawing the land under the rules which said State Forestry Commission is directed to make.
(c) In either event, the privilege tax provided for in this article shall be paid on the value of the timber withdrawn or harvested at the time of said withdrawal or harvesting.
(Acts 1923, No. 486, p. 638, §9; Code 1923, §1001; Code 1940, T. 8, §198.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-2/section-9-13-47/
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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 13 - Forests and Forest Products.›Article 2 - Auxiliary State Forests.›Section 9-13-47 - Appraisal of Timber Upon Withdrawal of Lands as State Harvests, etc.; Privilege Ta...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 2 - Auxiliary State Forests. › Section 9-13-47 - Appraisal of Timber Upon Withdrawal of Lands as State Harvests, etc.; Privilege Tax.
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Section 9-13-47
Appraisal of timber upon withdrawal of lands as state harvests, etc.; privilege tax.
Upon withdrawal of said lands or any part thereof as auxiliary state forests or harvesting or other use of parts of timber on said land without withdrawing the land, the value of the timber thereon shall be appraised separately in each county where such timber is located by the Department of Revenue and the State Forestry Commission as of the date of such withdrawal or harvesting, whereupon the owner of such timber shall pay as a privilege tax for the entry and withdrawal of such lands as auxiliary state forests or for the harvesting of the timber on such lands a sum of money equal to eight percent of the appraised value of the timber.
(Acts 1923, No. 486, p. 638, §1; Code 1923, §995; Acts 1935, No. 23, p. 38, §1; Acts 1935, No. 500, p. 1078, §1; Code 1940, T. 8, §192; Acts 1945, No. 131, p. 132, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-2/section-9-13-48/
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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 13 - Forests and Forest Products.›Article 2 - Auxiliary State Forests.›Section 9-13-48 - Lien on Timber for Payment of Privilege Taxes; Collection of Other Taxes, Etc.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 2 - Auxiliary State Forests. › Section 9-13-48 - Lien on Timber for Payment of Privilege Taxes; Collection of Other Taxes, Etc.
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Section 9-13-48
Lien on timber for payment of privilege taxes; collection of other taxes, etc.
The state shall have a lien upon the timber on land designated as auxiliary state forests for the payment of the privilege tax provided for in this article, and no other privilege or other tax, except that provided for in this section, shall be collected by or for the state or any subdivision thereof.
(Acts 1923, No. 486, p. 638, §9; Code 1923, §1002; Code 1940, T. 8, §199.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-2/section-9-13-49/
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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 13 - Forests and Forest Products.›Article 2 - Auxiliary State Forests.›Section 9-13-49 - Disposition of Privilege Taxes.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 2 - Auxiliary State Forests. › Section 9-13-49 - Disposition of Privilege Taxes.
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Section 9-13-49
Disposition of privilege taxes.
Said privilege tax shall be paid to the State Forestry Commission and by it reported to the Comptroller and paid into the Treasury, whereupon the Comptroller shall draw and transmit to the tax collector of each county wherein such timber has been appraised and with respect to which such tax has been paid a warrant payable to such tax collector for the full amount of tax paid as to such county. Thereupon the tax collector shall treat and consider the payments so made to himself as if he had collected the same for and on account of state and county taxes duly assessed by the tax assessor upon the timber appraised as provided in this article and shall proceed to apportion, distribute and pay the same as if such taxes were ad valorem taxes assessed against the owner of the timber, after deducting therefrom for himself a commission of two percent upon the amount of such taxes and paying also the tax assessor a commission of two percent thereon. In all counties in which officials are paid on a salary basis, the commissions authorized in this section shall by said officials be paid into the treasury of said county.
(Acts 1923, No. 486, p. 638, §7; Code 1923, §996; Code 1940, T. 8, §193; Acts 1945, No. 131, p. 132, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-2/section-9-13-50/
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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 13 - Forests and Forest Products.›Article 2 - Auxiliary State Forests.›Section 9-13-50 - Maintenance of Records as to Auxiliary State Forests.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 2 - Auxiliary State Forests. › Section 9-13-50 - Maintenance of Records as to Auxiliary State Forests.
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Section 9-13-50
Maintenance of records as to auxiliary state forests.
The State Forestry Commission shall keep a book in which shall be recorded all applications for the designation of lands as auxiliary state forests, contracts entered into upon such applications and withdrawals or forfeitures thereof.
(Acts 1923, No. 486, p. 638, §11; Code 1923, §1004; Code 1940, T. 8, §201.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-3/section-9-13-60/
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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 13 - Forests and Forest Products.›Article 3 - Regulations as to Cutting, Removal, Purchase, etc., of Forest Products.›Section 9-13-60 - Unauthorized Cutting, Removal, Transportation, etc., of Timber or Other Forest Pro...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 3 - Regulations as to Cutting, Removal, Purchase, etc., of Forest Products. › Section 9-13-60 - Unauthorized Cutting, Removal, Transportation, etc., of Timber or Other Forest Products.
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Section 9-13-60
Unauthorized cutting, removal, transportation, etc., of timber or other forest products.
(a) It is unlawful for any person or persons to do any of the following:
(1) Willfully and knowingly cut, kill, destroy, girdle, chop, chip, saw or otherwise damage timber or forest products not his own or without authority of the legal owner.
(2) Willfully and knowingly remove timber or other forest products other than his own or without authority of the legal owner.
(3) Willfully and knowingly transport timber or other forest products which have been severed or removed in violation of subdivision (1) or (2).
(4) Willfully and knowingly purchase or contract to purchase or otherwise obtain timber or forest products severed, removed or transported in violation of subdivision (1), (2), or (3).
(5) Willfully and knowingly sell, contract to sell or otherwise dispose of logs, poles, piling, crossties, pulpwood, veneer bolts, staves, or other unmanufactured or semimanufactured forest products not his or her own or without authority of the legal owner.
(6) Alter or by any means cause a weight measuring device to give a false reading as to the actual or true weight of any forest products for the purpose of deceiving or defrauding any person, firm, or corporation.
(7) Willfully and knowingly remove timber or other forest products of another by means of deception, as defined in Section 13A-8-1.
(b) A violation of subsection (a) is a Class A misdemeanor and shall be punished as provided by law.
(c) This section shall not apply to any utility or corporation engaged in providing electric service. Nor shall it apply to the employees, contractors, agents, or representatives of a utility or corporation engaged in providing electric service where such employees, contractors, agents, or representatives are acting within the course and scope of their employment, contract, or agency.
(Acts 1939, No. 626, p. 993, §1; Code 1940, T. 8, §218(1); Act 2010-704, p. 1706, §1; Act 2012-428, p. 1168, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-3/section-9-13-61/
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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 13 - Forests and Forest Products.›Article 3 - Regulations as to Cutting, Removal, Purchase, etc., of Forest Products.›Section 9-13-61 - Charges in Affidavits, Informations or Indictments Under Article; Proof of Title,...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 3 - Regulations as to Cutting, Removal, Purchase, etc., of Forest Products. › Section 9-13-61 - Charges in Affidavits, Informations or Indictments Under Article; Proof of Title, Etc.
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Section 9-13-61
Charges in affidavits, informations or indictments under article; proof of title, etc.
In any affidavit, information or indictment under this article, the person or persons accused may be charged with commencing or conspiring to commence at some particular time to commit any of the acts hereby made punishable and of continuing to commit the same at divers times and on divers days between that day and some other day to be therein stated. It shall not be necessary, in order to convict, to prove title of the lands on which the alleged violation of Section 9-13-60 occurred, but it shall be sufficient to prove title, legal, equitable or colorable, in the State of Alabama or any corporation or any person or persons other than the accused; and it shall not be necessary to allege in the affidavit, information or indictment or prove on the trial the kind of timber or forest products which are the subject of the action.
(Acts 1939, No. 626, p. 993, §2; Code 1940, T. 8, §218(2).)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-3/section-9-13-62/
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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 13 - Forests and Forest Products.›Article 3 - Regulations as to Cutting, Removal, Purchase, etc., of Forest Products.›Section 9-13-62 - Liability.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 3 - Regulations as to Cutting, Removal, Purchase, etc., of Forest Products. › Section 9-13-62 - Liability.
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Section 9-13-62
Liability.
Any person or entity who damages, destroys, cuts, or removes timber or other forest products not owned by that person or without the authority of the legal owner, and any person or entity who shall supervise any other person in so doing, regardless of whether the act was done knowingly or intentionally, shall be jointly and severally liable to the owner for double the fair market value of the timber or other forest products that were damaged, destroyed, cut, or removed. However, any person or entity possessing the power of eminent domain and any employee, agent, or contractor of the person or entity who, while clearing a utility right-of-way or easement, mistakenly cuts, damages, destroys, or removes timber or other forest products from lands adjacent to the utility right-of-way or easement shall only be liable for the reasonable fair market value of the damaged timber or forest products and no more, unless it is shown by clear and convincing evidence that the acts where done with the intent to wrongfully injure or remove the timber or forest products, in which case the entity or person shall be liable to the owner for double the fair market value of the timber or other forest products that were damaged, destroyed, cut, or removed.
(Acts 1939, No. 626, p. 993, §3; Code 1940, T. 8, §218(3); Act 2000-806, p. 1918, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-3/section-9-13-63/
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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 13 - Forests and Forest Products.›Article 3 - Regulations as to Cutting, Removal, Purchase, etc., of Forest Products.›Section 9-13-63 - Record of Purchases, etc., of Manufactured or Semimanufactured Forest Products; Pr...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 3 - Regulations as to Cutting, Removal, Purchase, etc., of Forest Products. › Section 9-13-63 - Record of Purchases, etc., of Manufactured or Semimanufactured Forest Products; Provision of False Information to Purchasers, etc.; Failure to Maintain Record, Etc.
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Section 9-13-63
Record of purchases, etc., of manufactured or semimanufactured forest products; provision of false information to purchasers, etc.; failure to maintain record, etc.
Any person, firm, or corporation buying, contracting to buy, or otherwise acquiring logs, poles, piling, crossties, pulpwood, veneer bolts, stave bolts, or other unmanufactured or semimanufactured forest products shall keep a written record in this state of every such purchase. The record shall contain the name of the person or persons from whom the product was acquired, the county from which the timber or other forest product was severed, the amount thereof and the date of delivery, which information shall be obtained from the person or persons from whom the product was acquired. This record shall be a true, accurate, and correct statement of the transaction as provided for in this section. Any person who knowingly gives false information to the purchaser of the product or who willfully misstates the facts with intent to defraud is guilty of a misdemeanor and shall be punished by a fine of not less than $100 nor more than $1000, or a jail sentence of not less than 10 days nor more than one year or both fine and imprisonment. The purchaser shall be entitled to rely upon the information furnished by the seller. The information given under this section shall be kept by the person or persons acquiring the forest products and shall be available, during business hours, to a duly authorized agent or employee of the State Forestry Commission. The record shall be kept available for a period of not less than three years. Any person, firm, or corporation failing to keep the record or in any manner falsifying it is guilty of a misdemeanor and shall be punished by a fine of not less than nor more than $1000, or a jail sentence of not less than 10 days nor more than a year or both fine and imprisonment.
(Acts 1939, No. 626, p. 993, §4; Code 1940, T. 8, §218(4); Acts 1993, 1st Ex. Sess., No. 93-888, p. 158, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-3/section-9-13-64/
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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 13 - Forests and Forest Products.›Article 3 - Regulations as to Cutting, Removal, Purchase, etc., of Forest Products.›Section 9-13-64 - Powers of State Forestry Commission Employees as to Enforcement of Article, Etc.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 3 - Regulations as to Cutting, Removal, Purchase, etc., of Forest Products. › Section 9-13-64 - Powers of State Forestry Commission Employees as to Enforcement of Article, Etc.
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Section 9-13-64
Powers of State Forestry Commission employees as to enforcement of article, etc.
All employees of the State Forestry Commission shall have the powers of peace officers in the enforcing of the provisions of this article. They shall be allowed to enter any lands and to do any work necessary in the performance of their duties without liability for trespass or damage therefrom.
(Acts 1939, No. 626, p. 993, §5; Code 1940, T. 8, §218(5).)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-3/section-9-13-65/
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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 13 - Forests and Forest Products.›Article 3 - Regulations as to Cutting, Removal, Purchase, etc., of Forest Products.›Section 9-13-65 - Disposition of Fines.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 3 - Regulations as to Cutting, Removal, Purchase, etc., of Forest Products. › Section 9-13-65 - Disposition of Fines.
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Section 9-13-65
Disposition of fines.
All fines collected from violations of Sections 9-13-60 and 9-13-63 shall go to the Alabama Forestry Commission Fund.
(Acts 1939, No. 626, p. 993, §6; Code 1940, T. 8, §218(6).)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-80/
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-80 - Definitions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-80 - Definitions.
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Section 9-13-80
Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) COMMISSIONER. The Commissioner of Revenue of the State of Alabama.
(2) CONCENTRATION YARD. A place where logs, pulpwood, or inwoods pulpwood chips severed in Alabama are brought or received within the State of Alabama in a green or rough form or condition for resale to processors or manufacturers or for shipment out of state.
(3) DEPARTMENT. The Department of Revenue of the State of Alabama.
(4) FOREST PRODUCTS. Logs, pulpwood, poles, pilings, inwoods pulpwood chips, and stumpwood (tarwood).
(5) MANUFACTURER. As applied to logs suitable for manufacture into lumber, plywood, veneer, or other solid wood product, the person who operates the sawmill or plant in which the products are manufactured; as applied to pulpwood, the person who operates the paper or pulp mill, oriented strand board mill, pellet mill, or other plant in which the products are manufactured; as applied to poles and pilings, the person who purchases from the producer; as applied to stumpwood, the person who operates the plant or retort in which the product is utilized.
(6) PERSON. Any individual, firm, copartnership, association, corporation, receiver, trustee, or any other group or combination acting as a unit.
(7) PROCESSOR. A chip mill or other facility that receives forest products from a producer and further processes those forest products before delivery to a manufacturer.
(8) PRODUCER. Any person engaging or continuing to engage in this state in the business of severing timber or any other forest products from the soil, whether as owner, lessee, concessionaire, or contractor. The term shall also include any person who assembles or causes to be assembled any forest product for shipment out of the State of Alabama in an unmanufactured condition.
(9) SEVER. To fell, cut, or otherwise separate from the soil. For the purpose of this article, any person who is the owner or lessee of timber and is also the processor thereof or a manufacturer of products derived therefrom shall be deemed the producer engaged in severing such timber from the soil, notwithstanding the fact that the severance is made by an independent contractor or otherwise.
(10) TAXPAYER. Any person liable for taxes under this article.
(Acts 1945, No. 169, p. 285, §1; Acts 1953, No. 695, p. 948, §1; Acts 1955, No. 530, p. 1177, §1; Act 2017-301, §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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-81 - Levy of Severance Tax; Lien Upon Forest Products, etc., for Payment of Tax.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-81 - Levy of Severance Tax; Lien Upon Forest Products, etc., for Payment of Tax.
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Section 9-13-81
Levy of severance tax; lien upon forest products, etc., for payment of tax.
To provide further for conservation of the natural resources of the state by protection of the state's forests and development of the forestry program, there is levied and shall be collected as provided in this article a privilege tax on every person who owns timber prior to severance and engages or continues to engage in the state in the business of severing timber or any other forest products from the soil for sale, profit, or commercial use whether as owner, lessee, concessionaire, or contractor. The privilege tax imposed by this article is in addition to other taxes now levied and shall be known as the forest products severance tax. The tax, together with interest and penalties imposed by this article, shall be a lien upon the forest products so severed and upon the product or products manufactured therefrom until the tax imposed by this article with respect to such forest products shall have been paid or until such forest products or the products manufactured therefrom shall have been sold by the manufacturer thereof, but the lien of such tax shall not be enforceable against the bona fide purchaser from the manufacturer of any such forest products or of the products manufactured therefrom.
(Acts 1945, No. 169, p. 285, §2; Act 2017-301, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-82/
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-82 - Rates; Additional Taxes; Exemption; Legislative Intent.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-82 - Rates; Additional Taxes; Exemption; Legislative Intent.
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Section 9-13-82
Rates; additional taxes; exemption; legislative intent.
(a) The measure of the forest products severance tax is at the following rates:
(1) On pine logs severed in Alabama and delivered to a manufacturer, processor, or concentration yard in Alabama, the rate shall be $0.10 per ton (2,000 pounds). On pine logs severed in Alabama for transport out of the state, the rate shall be $0.10 per ton (2,000 pounds).
(2) On all other species of logs severed in Alabama and delivered to a manufacturer, processor, or concentration yard in Alabama, the rate shall be $0.065 per ton (2,000 pounds). On all other species of logs severed in Alabama for transport out of the state, the rate shall be $0.065 per ton (2,000 pounds).
(3) On pulpwood, $0.10 per ton (2,000 pounds) on pulpwood severed in Alabama and delivered to the manufacturer, concentration yard, or processor. On pulpwood transported out of the state, $0.10 per ton (2,000 pounds) for pulpwood severed in Alabama.
(4) On pilings and poles, $0.205 per ton (2,000 pounds) on pilings and poles severed in Alabama and delivered to a manufacturer or concentration yard. On pilings and poles severed in Alabama and transported out of the state, $0.205 per ton (2,000 pounds).
(5) On stumpwood (tarwood), $0.125 per ton (2,000 pounds) on stumpwood severed in Alabama and delivered to a manufacturer. On stumpwood severed in Alabama and transported out of the state, $0.125 per ton (2,000 pounds).
(6) On inwoods pulpwood chips, $0.10 per ton (2,000 pounds) on chips produced in the woods from pulpwood severed in Alabama and delivered to the manufacturer or concentration yard. On inwoods pulpwood chips produced from pulpwood severed in Alabama and transported out of the state, $0.10 per ton (2,000 pounds).
(b) There is also levied a privilege tax against the manufacturer using the forest products in an amount equal to 50 percent of the tax on the severer as set out above. The privilege tax shall be collected in the same manner as the forest products severance tax is collected and shall be known as the forest products manufacturers tax. This tax is levied on manufacturers located only within this state. It is the legislative intent that this privilege tax is not to be levied in any manner upon the person owning the land from which the forest products are severed nor upon the producer but it is levied upon the manufacturer that uses the forest products in the manufacturing process.
(c) Pulpwood, logs, or portions thereof on which the forest products severance tax has been paid shall not be subject to an additional forest products severance tax when converted into pulpwood chips. The additional forest products manufacturers tax levied by subsection (b) shall be paid by the manufacturer utilizing the pulpwood chips in a manufacturing process.
A manufacturer utilizing logs in a manufacturing process that also produces residual pulpwood chips from those logs shall not be liable for the additional forest products manufacturers tax levied by subsection (b) on that portion of the log that is converted into residual pulpwood chips. The additional forest products manufacturers tax levied by subsection (b) attributable to those residual pulpwood chips shall be paid by the manufacturer utilizing the residual pulpwood chips in a manufacturing process.
(d) A manufacturer may establish entitlement to the exemption from forest products severance tax provided by subsection (c) by obtaining a certificate from the seller providing that the seller is a manufacturer, concentration yard, or processor that is registered with the department to remit forest products severance taxes, and any manufacturer who obtains a certificate shall not be held liable for any forest products severance tax on the pulpwood chips or residual pulpwood chips purchased from the seller.
(e) It is the intent of the Legislature to encourage the use of forest based renewable energy. Fuel chips produced in the woods at the site of severance are not subject to the taxes set forth in this article. For purposes of this section, fuel chips include woodchips that are produced from tree tops and limbs, logging slash, down timber material, or standing live or dead trees which do not meet commercial standards because of size, species, merchantable volume, or economic selection criteria, and are used as a form of energy in conjunction with a manufacturing process. Fuel chips do not include similar materials utilized as feedstock in a manufacturing process. Trees that are grown specifically as an energy crop do not qualify for the exemption set forth in this subsection.
(Acts 1945, No. 169, p. 285, §3; Acts 1955, No. 385, p. 921, §1; Acts 1967, No. 763, p. 1619, §1; Acts 1973, No. 500, p. 738, §1; Acts 1985, No. 85-700, p. 1141, §1; Acts 1988, 1st Ex. Sess., No. 88-842, p. 315, §1; Acts 1993, 1st Ex. Sess., No. 93-888, p. 158, §2; Acts 1995, No. 95-255, p. 427, §1; Act 2017-301, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-83/
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AL
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-83 - Exemptions From Taxes.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-83 - Exemptions From Taxes.
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Section 9-13-83
Exemptions from taxes.
The taxes levied by this article shall not apply to nor shall such taxes be required of those individual owners of timber who occasionally sever or cut the same from their own premises to be utilized by them in the construction or repair of their own structures, buildings or improvements or for their home consumption or used by them in the processing of their farm products.
(Acts 1945, No. 169, p. 285, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-84/
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AL
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-84
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-84
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Section 9-13-84
Payment and disposition of taxes generally; Special State Forestry Fund; appropriation of tax receipts for use of State Forestry Commission.
(a) The taxes imposed by this article, and any other taxes imposed on the severance of forest products, shall be due and payable quarterly to the department and, when collected, shall be paid by the department into the State Treasury. When so paid into the State Treasury, all such taxes shall be credited by the Treasurer to a special fund which is hereby created and which shall be known as the Special State Forestry Fund of the State of Alabama, which fund shall be disbursed under the supervision of the State Forester, subject to the restrictions embodied in this article, for the purpose of carrying out the statewide forestry program as provided by law and for no other or different purposes. Not less than 85 percent of the taxes collected under and by virtue of this article shall be expended for forest protection. No portion of the fund shall revert to the General Fund of the state at the end of any fiscal year, and any surplus shall be allowed to accumulate from year to year and be disbursed as exigencies of the statewide forestry program may require.
(b) There is continuously appropriated the receipts from the taxes levied in this article to the State Forestry Commission for the use of the State Forestry Commission. The amount of money as shall be appropriated for each fiscal year by the Legislature to the department with which to pay the salaries, the cost of operation, and the management of the department shall be deducted, as a first charge thereon, from the taxes collected under and pursuant to this article. The expenditure of the sum so appropriated shall be budgeted and allotted pursuant to Article 4, commencing with Section 41-4-80, of Chapter 4, Title 41 and limited to the amount appropriated to defray the expenses of operating the department for each fiscal year, or two percent of the receipts, whichever is less.
(Acts 1945, No. 169, p. 285, §5; Acts 1951, No. 843, p. 1474, §1; Acts 1967, No. 763, p. 1619, §1; Acts 1988, 1st Ex. Sess., No. 88-842, p. 315, §1; Act 2017-301, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-85/
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AL
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-85 - Expenditures for Forest Protection.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-85 - Expenditures for Forest Protection.
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Section 9-13-85
Expenditures for forest protection.
Repealed by Act 2017-301, § 4, effective July 1, 2017.
(Acts 1945, No. 169, p. 285, §6; Acts 1967, No. 763, p. 1619, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-86/
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AL
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-86 - Filing of Quarterly Reports and Payment of Taxes - Manufacturers and Processors; P...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-86 - Filing of Quarterly Reports and Payment of Taxes - Manufacturers and Processors; Payment of Taxes.
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Section 9-13-86
Filing of quarterly reports and payment of taxes - Manufacturers and processors; payment of taxes.
Every manufacturer and processor, within 30 days after the expiration of each quarter annual period expiring, respectively, shall on the last day of March, June, September, and December of each year, file with the department a statement under oath, on forms prescribed by the department, showing the kinds of forest products and the gross quantity of each manufactured during the preceding quarter annual period by the manufacturer or processor, showing the county or counties in which such products were severed from the soil and showing the gross quantity, if any, of such forest products severed from soil outside the State of Alabama and such other reasonable and necessary information pertaining thereto as the department may require for the proper enforcement of this article. At the time of rendering such quarter annual reports, the manufacturer or processor shall pay to the department the taxes imposed by this article with respect to all forest products severed from the soil in the State of Alabama and embraced in the report. In the case that any logs, pulpwood, or inwoods pulpwood chips are sold or delivered to a concentration yard, then the taxes provided for in this article shall be reported and paid by the owner or owners of the concentration yard to the department.
(Acts 1945, No. 169, p. 285, §7; Acts 1953, No. 695, p. 948, §2; Act 2017-301, §1.)
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