reglab/statecodes huggingface dataset:
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 6 - Commercial Alligator Operations. › Section 9-12-200 - Definitions.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)
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.

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.)