Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.19 - Aids To Navigation And Regulatory Markers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Whenever the Director of the Marine
			 Police Division of the Department of Conservation and Natural Resources shall
			 determine that, in the interests of public safety, it is necessary to restrict
			 the speed of boats or boating activities on, or prohibit entrance of boats
			 into, certain areas of the waters of this state, or otherwise regulate or
			 prohibit the use of boats or water skis (including all devices similar to water
			 skis), in such areas, he shall designate such restricted areas by appropriate
			 signs, which signs shall be as follows:
A symbol of a diamond shape with a cross within the diamond,
				colored international orange on a white background, shall mean "Boats Keep
				Out."
A symbol of a circle shape, colored international orange on
				white background, designates a controlled or prohibited boating activity such
				as, limiting the speed of a vessel, prohibiting fishing or skiing or swimming,
				etc. In most instances, lettering will be placed in the center of said circle
				designating the prohibited or controlled boating activity.
Provided that whenever said restriction affects the interests
				of another division of the Department of Conservation and Natural Resources,
				the director of the division affected shall be consulted by the Director of the
				Marine Police Division and an agreement reached before the restriction becomes
				effective. If no agreement on the restriction is reached, the Commissioner of
				Conservation and Natural Resources shall resolve the difference.
(2) It shall be unlawful for any
			 person, firm or corporation to place or maintain any regulatory markers (signs
			 or buoys) on the public waters of this state without first having received
			 permission for the erection of such regulatory markers from the Marine Police
			 Division of the Department of Conservation and Natural Resources. When
			 permission for the erection of such markers is given, same may only be of a
			 standard type and with standard lettering and colors which shall be specified
			 and designated by the Marine Police Division of the Department of Conservation
			 and Natural Resources. Any person, firm or corporation desiring to place or
			 erect regulatory markers on the public waters of this state must first make
			 application to the Marine Police Division for permission. Upon receipt of such
			 application, the Marine Police Division shall notify such applicant or
			 applicants of the necessary specifications for regulatory markers of the type
			 desired and if permission for the erection and placing of markers is granted to
			 the applicant, same must comply with the specifications as provided by the
			 Marine Police Division.
(3) The
			 diver's flag shall not be less than 300 milliliters (12 inches) square, colored
			 red with a white two-inch strip running diagonally from the top staff corner to
			 the bottom fly corner and shall be prominently displayed and visible from all
			 directions and kept within a 15.2 meters (50 foot) radius of divers when said
			 divers are in the water.
(4) It
			 shall be unlawful to fail to comply with any restrictive sign, buoy, or marker
			 as approved by the Director of the Alabama Marine Police Division.
(5) In addition to the restrictions provided
			 for in Section
			 33-5-74,
Code of Ala.
			 1975
, it shall be unlawful for any person to attach to any
			 authorized navigational buoy or sign/sign piling, a line of any other type than
			 is provided for in Section
			 33-5-74, to include but not be
			 limited to: trot lines, nets, fishing line, or any signs.
(6) Nothing in this regulation shall be
			 interpreted so as to mean that signs or markers shall be a prerequisite for
			 prosecuting a person who violates any other provisions of law or any other rule
			 or regulation.
(7) Rule
			 220-6-.19, as previously
			 promulgated, is hereby expressly repealed in its entirety.
Author:
James D. Martin
Statutory Authority:
Code of Ala.
				  1975
, §§
										33-5-62,
				  33-5-73; §§15 and 27 of
				  Act No. 94-652 (Regular Session, 1994).
PENALTY:
As provided by §§15 and 27 of
				  Act No. 94-652 (Regular Session, 1994) and §§
										33-5-62 and
				  33-5-73,
Code of Ala.
				  1975
.