Ala. Code § 9-11-390 Short Title.
9-11-390. Short Title.
This article shall be known and may be cited as the “Alabama Marine Mammal Protection Act of 1976.”
(Acts 1976, No. 690, p. 953, §1.)
Marine Mammal Protection.
Ala. Code tit. 9, ch. 11, art. 14
in effectAla. Code § 9-11-391 Definitions.
9-11-391. Definitions.
Wherever used in this article, unless a different meaning clearly appears in the context, the following terms shall be given the following respective meanings:
(1) COMMISSIONER. The Commissioner of the Department of Conservation and Natural Resources of the State of Alabama.
(2) DEPARTMENT. The Department of Conservation and Natural Resources of the State of Alabama.
(3) CONSERVATION and MANAGEMENT. The collection and application of biological information for the purposes of increasing and maintaining the number of animals within species and populations of marine mammals at the optimum carrying capacity of their habitat. Such terms include the entire scope of activities that constitute a modern scientific resources program, including, but not limited to, research, census law enforcement and habitat acquisition and improvement. Also included within these terms, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking.
(4) MARINE MAMMAL. Any mammal which is morphologically adapted to the marine environment or primarily inhabits the marine environment. Such term includes any part of any such marine mammal, including its raw, dressed or dyed fur or skin.
(5) MARINE MAMMAL PRODUCT. Any item of merchandise which consists or is composed, in whole or in part, of any marine mammal.
(6) MORATORIUM. A complete cessation of the taking of marine mammals, except as provided in this article.
(7) OPTIMUM CARRYING CAPACITY. The ability of a given habitat to support the optimum sustainable population of a species or population stock in a healthy state without diminishing the ability of the habitat to continue that function.
(8) OPTIMUM SUSTAINABLE POPULATION. With respect to any population stock, the number of animals which will result in the maximum productivity of the population or the species, keeping in mind the optimum carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element.
(9) PERSON. Any individual, firm, corporation, association or partnership; or any officer, employee, agent, department or other instrumentality of the federal government or of any state government.
(10) POPULATION STOCK or STOCK. A group of marine mammals of the same species or smaller taxa in a common spatial arrangement that interbreed when mature.
(11) TAKE. To harass, hunt, capture or kill, or attempt to harass, hunt, capture or kill any marine mammal.
(12) MARINE MAMMAL PROTECTION ACT OF 1972. The federal law designed to protect and conserve marine mammals as such act may be subsequently amended.
(Acts 1976, No. 690, p. 953, §2.)
Ala. Code § 9-11-392 Legislative Findings and Declaration of Policy.
9-11-392. Legislative Findings and Declaration of Policy.
The Legislature of Alabama declares that:
(1) Certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man’s activities;
(2) Such species and population stocks should not be permitted to diminish beyond the point at which they cease to be a significant functioning element in the ecosystem of which they are a part, and, consistent with this major objective, they should not be permitted to diminish below their optimum sustainable population. Further measures should be immediately taken to replenish any species or population stock which has already diminished below that population. In particular, efforts should be made to protect the rookeries, mating grounds and areas of similar significance for each species of marine mammal from the adverse effect of man’s actions;
(3) There is inadequate knowledge of the ecology and population dynamics of such marine mammals and of the factors which bear upon their ability to reproduce themselves successfully; and
(4) Marine mammals have proven themselves to be resources of great international significance, esthetic and recreational as well as economic, and it is the sense of the Legislature that they should be protected and encouraged to develop to the greatest extent feasible commensurate with sound policies of resource management and that the primary objective of their management should be to maintain the health and stability of the marine ecosystem. Whenever consistent with this primary objective, it should be the goal to obtain an optimum sustainable population keeping in mind the optimum carrying capacity of the habitat.
(Acts 1976, No. 690, p. 953, §3.)
Ala. Code § 9-11-393 Imposition of Moratorium on Taking of Marine Mammals and Marine Mammal Products; Exceptions.
9-11-393. Imposition of Moratorium on Taking of Marine Mammals and Marine Mammal Products; Exceptions.
(a) There shall be a moratorium on the taking of marine mammals and marine mammal products; except, that marine mammals may be taken pursuant to a permit issued by an appropriate federal agency as provided in the Marine Mammal Protection Act of 1972 and the regulations promulgated thereunder.
(b) Nothing in this article shall prevent a state or local government official or employee, in the course of his duties as an official or employee, from taking a marine mammal in a humane manner if such taking is for the protection or welfare of such mammal or for the protection of the public health and welfare and includes steps designed to assure the return of such mammal to its natural habitat.
(Acts 1976, No. 690, p. 953, §4.)
Ala. Code § 9-11-394 Taking, Transportation, Sale, Etc., of Marine Mammals, Etc., in Violation of Provisions of Article, Etc.
9-11-394. Taking, Transportation, Sale, Etc., of Marine Mammals, Etc., in Violation of Provisions of Article, Etc.
Except as provided for by an international treaty, convention or agreement to which the United States is a party or by any statute implementing any such treaty, convention or agreement, it shall be unlawful:
(1) For any person or vessel or other conveyance to take any marine mammal in waters or on lands under the jurisdiction of Alabama;
(2) For any person to use any port, harbor or other place under the jurisdiction of Alabama for any purpose in any way connected with the taking of marine mammals or marine mammal products;
(3) For any reason, with respect to any marine mammal taken in violation of this article and regulations promulgated thereunder or the Marine Mammal Protection Act of 1972 and regulations promulgated thereunder:
a. To possess any such mammal; or
b. To transport, sell or offer for sale any such mammal or any marine mammal product made from any such mammal; or
(4) For any person to use, in a commercial fishery, any means or methods of fishing in contravention of any regulations or limitations issued by the Secretary of Commerce or the commissioner to achieve the purposes of this article.
(Acts 1976, No. 690, p. 953, §5.)
Ala. Code § 9-11-395 Promulgation of Rules and Regulations.
9-11-395. Promulgation of Rules and Regulations.
The commissioner shall have power and authority to establish such rules and regulations necessary to carry out the purpose of this article.
(Acts 1976, No. 690, p. 953, §6.)
Ala. Code § 9-11-396 Penalties for Violations of Provisions of Article, Etc.; Powers of Law Enforcement Officers, Etc., as to Enforcement of Article, Etc.; Custody and Disposition of Equipment, Etc., Seized in Connection with Violations of Article, Etc.; Disposition of Moneys Arising from Fines and Forfeitures.
9-11-396. Penalties for Violations of Provisions of Article, Etc.; Powers of Law Enforcement Officers, Etc., as to Enforcement of Article, Etc.; Custody and Disposition of Equipment, Etc., Seized in Connection with Violations of Article, Etc.; Disposition of Moneys Arising from Fines and Forfeitures.
(a) Any person who violates a provision of this article or any regulation promulgated pursuant to this article or of the Marine Mammal Protection Act of 1972 or regulation promulgated thereunder or who fails to procure or violates the terms of any permit issued pursuant thereto shall, upon conviction, be fined not less than $50.00 nor more than $500.00 or be imprisoned not more than six months or both.
(b) Any officer employed and authorized by the commissioner or any law enforcement officer of the state or of any municipality or county within the state shall have authority to conduct searches as provided by law and to execute a warrant to search for and seize any equipment, business records, merchandise or marine mammal taken, used or possessed in connection with a violation of any section of this article. Any such officer or agency may, without a warrant, arrest any person who such officer or agent has probable cause to believe is violating, in his presence or view, any such section or any regulation or permit provided for by this article. Any officer or agent who has made an arrest of a person in connection with any such violation may search such person or business records at the time of arrest and may seize any marine mammal, records or property taken or used in connection with any such violation.
(c) Equipment, merchandise, marine mammals or records seized under the provisions of subsection (b) of this section shall be held by an officer or agent of the department pending disposition of court proceedings, and thereafter shall be forfeited to the state for destruction or disposition as the commissioner may deem appropriate; provided, however, that prior to forfeiture, the commissioner may direct the transfer of marine mammals so seized to a qualified geological, educational or scientific institution for safe keeping, the cost thereof to be assessable to the defendant. The commissioner is authorized to promulgate regulations to implement this subsection.
(d) All moneys arising under the provisions of this article from fines and forfeitures shall be deposited to the credit of the Seafoods Fund.
(Acts 1976, No. 690, p. 953, §7.)
Ala. Code § 9-11-397 Funding of Programs Established Under Article.
9-11-397. Funding of Programs Established Under Article.
The cost of programs established under this article shall be borne by sources separate and apart from those presently accruing to the Seafoods Fund.
(Acts 1976, No. 690, p. 953, §9.)
Ala. Code § 9-11-398 Applicability of Provisions of Article.
9-11-398. Applicability of Provisions of Article.
This article shall not apply with respect to any marine mammal taken before August 24, 1976, to any marine mammal product consisting of or composed, in whole or in part, of any marine mammal taken before August 24, 1976, or to any marine mammal unintentionally taken during the construction of any highway or utility facility.
(Acts 1976, No. 690, p. 953, §8.)
Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026