General Provisions.

Ala. Code tit. 9, ch. 2, art. 1

in effect

Ala. Code § 9-2-1 Created; Seal.

9-2-1. Created; Seal. There shall be a Department of Conservation and Natural Resources, which shall be an executive and administrative department in order to enable the Governor to exercise a direct and effective control over the natural resources, state parks and historical sites of the state and in order to bring together in one department for purposes of economy and efficiency all matters pertaining to the natural resources, state parks and monuments and historical sites of the state. The Department of Conservation and Natural Resources shall have a seal, which shall be affixed to official acts and deeds of the Department of Conservation and Natural Resources and of the Commissioner of Conservation and Natural Resources by him. (Acts 1939, No. 162, p. 255, § 1; Code 1940, T. 8, §1.)

Ala. Code § 9-2-2 Powers and Duties Generally.

9-2-2. Powers and Duties Generally. The general functions and duties of the Department of Conservation and Natural Resources shall be as follows: (1) To protect, conserve, and increase the wildlife of the state and to administer all laws relating to wildlife and the protection, conservation, and increase thereof. (2) To make exploration, surveys, studies, and reports concerning the wildlife, state parks and monuments and historical sites in the state and to publish such thereof as will be of general interest. (3) To maintain, supervise, operate, and control all state parks, monuments and historical sites, except Mound State Monument and the First White House of the Confederacy; the serving and employing of attendants for all monuments and historical sites located on state-owned property in the City of Montgomery shall be performed by the Department of Finance. (4) To maintain, supervise, operate, and control all state lands other than those specifically committed to the use or control of some other department, board, bureau, commission, agency, office, or institution of the state. (5) To cooperate with and enter into cooperative agreements and stipulations with the Secretary of Agriculture of the United States, other states, or any other federal or state officer or department, board, bureau, commission, agency, or office thereunto authorized with respect to wildlife restoration projects, the carrying on of an educational program in connection therewith, the collection and publication of data with respect to wildlife, state parks and the monuments and historical sites or any other matters committed to the Department of Conservation and Natural Resources by this title or otherwise by law and to make and enforce all regulations and restrictions required for such cooperation, agreements, or stipulations. (6) To carry on a program of education and public enlightenment with respect to the wildlife and other natural resources, state parks and the monuments and historical sites of Alabama. (7) To make an annual report to the Governor concerning the activities and accomplishments of the department for the preceding fiscal year. (8) To recommend to the Legislature such legislation as may be needed further to protect, conserve, increase, or to make available or useful the wildlife and other natural resources, state parks and the monuments and historical sites of Alabama. (Acts 1939, No. 162, p. 255, §3; Code 1940, T. 8, §2; Act 2009-724, p. 2165, §1.)

Ala. Code § 9-2-3 Powers and Duties as to State Parks and Parkways, Etc.

9-2-3. Powers and Duties as to State Parks and Parkways, Etc. The Department of Conservation and Natural Resources, for the purpose of establishing, developing and maintaining state parks and parkways, 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 for acquiring by lease, purchase or otherwise such lands as in its judgment are desirable for state parks or parkways. As to the purchase of lands, such agreements may provide for a division of the payments over a period of years, in which case the payments may be secured by mortgage; provided, that no liability shall attach to the State of Alabama or any of its departments, boards, bureaus or commissions or any member or official thereof if the security specifically given in any such mortgage is insufficient to pay said mortgage at a forced sale or otherwise. When lands are acquired or leased under this section, the Department of Conservation and Natural Resources 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 parks and parkways and to have authority to make such rules and regulations for the management, administration, occupancy and use of said state parks and parkways and all property and things of whatsoever nature therein or thereon as it shall find necessary. All revenues derived from lands now or later acquired under the provisions of this section, when said lands are owned or acquired under agreement with the federal government, shall be segregated for the use of the Department of Conservation and Natural Resources in the utilization, management, development and use of such lands until all obligations incurred under such agreement have been paid in full and, thereafter, 50 percent of all net profits accruing from the administration of such lands owned or acquired under agreement with the federal government shall be paid into the school fund of the counties in which such lands are located and obligations for the acquisition of the land incurred by the Department of Conservation and Natural Resources pursuant to the terms of any agreement with the federal government shall be paid solely and exclusively from revenues derived from such lands or from such other funds as may be available to the Department of Conservation and Natural Resources and not otherwise obligated, and shall not impose any liability upon the general credit and taxing power of the state. The Department of Conservation and Natural Resources 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 parks and parkways; provided, however, that said sale, lease or exchange shall not be contrary to the terms of any contract which it has entered into. The Department of Conservation and Natural Resources is authorized to make such rules and regulations for the development, maintenance, management and operation of park or parkway enterprises or projects entered upon by the state, counties and municipalities with a view to securing loans or other financial cooperation from any agency of the federal government so as to enable the state, counties and municipalities to obtain such loans or other financial cooperation, and is further authorized to enter into such agreements or commitments as may be required in securing for the state such loans or other financial cooperation and to act in all particulars in behalf of the state in securing for the state or any of its departments, institutions or agencies such loans or other financial cooperation; provided, that such agreements or commitments shall not impose any liability upon the general credit and taxing power of the state beyond that authorized by law. The Department of Conservation and Natural Resources 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 compensations 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. Where any of the lands of the state or of any department, institution or agency of the state are in scattered or noncontiguous tracts, the Department of Conservation and Natural Resources is authorized, subject to the approval of the Governor, to exchange such tracts for others of equal value, privately or publicly owned, to the end that the lands of the state or of any of its departments, institutions or agencies may be better consolidated for economy and efficiency in administration, protection and use and to perform such other duties as may be imposed upon it by law and to do such other things as may be necessary to give full effect to this section and this title. (Acts 1935, No. 23, p. 38, §1; Acts 1935, No. 500, p. 1078, §1; Acts 1936-37, Ex. Sess., No. 161, p. 183, §1; Acts 1939, No. 162, p. 255; Code 1940, T. 8, §3.)

Ala. Code § 9-2-3.1 Parking Violations on Property Under Control Control of Department.

9-2-3.1. Parking Violations on Property Under Control Control of Department. (a) For the purposes of this section, the following terms shall have the following meanings: (1) DEPARTMENT. The Department of Conservation and Natural Resources. (2) PROPERTY UNDER THE CONTROL OF THE DEPARTMENT. Property, and any roads or streets on the property, including but not limited to, state parks property; boating access areas, including associated parking lots; wildlife management areas; public fish lake property; and any property controlled, owned, leased, or managed by the department or any of its divisions or the Forever Wild Land Trust. (b)(1) A person may not park, cause to be parked, or permit a motor vehicle to be parked on any property under the control of the department in violation of a rule adopted by the department. (2) The presence of an unattended motor vehicle on property under control of the department in violation of a rule of the department shall create a prima facie presumption that the registrant of the motor vehicle committed or authorized the parking violation. (c)(1) A person in violation of subsection (b) shall be issued a Uniform Traffic Ticket and Complaint (UTTC) by a special officer appointed by the department for the enforcement of this section as provided in Section 32-5-310. Notwithstanding Section 32-5-310, or any other provision of law, a special officer of the department is not required to be certified by the Alabama Peace Officers’ Standards and Training Commission. A copy of the UTTC shall be left on the motor vehicle and mailed, by regular mail, to the registered owner of the motor vehicle. (2) District courts shall have exclusive jurisdiction of violations of this section. (d)(1) Except as provided in subdivision (2), a fine for a violation under this section shall be fifty dollars ($50). (2) A fine for a violation of subsection (a) in a handicapped parking space shall be two hundred fifty dollars ($250). (3) No court costs shall be assessed for a violation under this section. (4) Fifty percent of the fines collected under this subsection shall be deposited into the Department of Conservation Administrative Fund to be used by the department. Fifty percent of the fines collected shall be deposited into the Clerk’s Judicial Administration Fund. (e) A motor vehicle parked on property controlled by the department in violation of this section may be removed as provided in Section 32-13-2. (f) A UTTC issued pursuant to this section shall be subject to all procedures and provisions of Rule 19 of the Alabama Rules of Judicial Administration, as adopted by the Alabama Supreme Court, unless expressly provided otherwise in this section. (g) The court may suspend the driver’s license of a person who fails to pay a fine pursuant to this section as provided in Rule 26.11 of the Alabama Rules of Criminal Procedure. (h) The department shall adopt rules for the implementation and administration of this section. (Act 2019-442, §1.)

Ala. Code § 9-2-4 Powers and Duties as to Seafoods, Etc.

9-2-4. Powers and Duties as to Seafoods, Etc. (a) The Department of Conservation and Natural Resources shall have full jurisdiction and control of all seafoods existing or living in the waters of Alabama and of all public and natural oyster reefs and oyster bottoms of the State of Alabama, and it shall ordain, promulgate and enforce all rules, regulations and orders deemed by it to be necessary for the protection, propagation or conservation of the same. (b) The Department of Conservation and Natural Resources may by order duly made and published prescribe the manner of taking or catching, the time when and designate the places from which seafoods may or may not be taken or caught during certain periods of the year, or entirely, as it may deem to be for the best interest of the seafood industry. (c) It shall have full authority to prohibit the catching or taking of oysters from reefs designated by it by order duly made and promulgated during the entire open season or any part thereof and may open and close said reefs or portions thereof to tonging or dredging, or both, and at any time deemed by it to be to the best interest of the public welfare. (d) It shall receive and audit the accounts of oysters bought and caught of all canners and dealers and the accounts of all inspectors, employees and members of said department and of all expenses incident to carrying into effect this title, and shall see that all privilege taxes and license fees are paid, that the inspectors and other officers and employees faithfully discharge their duties and that all provisions of this title are properly complied with and enforced, and the Commissioner of Conservation and Natural Resources shall hear the complaints of any person aggrieved by the action of any officer. (e) It shall have authority to cooperate with the commissioner of the Bureau of Fisheries of the Department of Commerce of the United States government in the carrying out of the provisions of any act of Congress for the sale, distribution or propagation of all seafoods and the extension of the producing areas thereof. (f) It shall have authority to make rules and regulations requiring all catchers, factories, purchasers, dealers or any persons dealing in shrimp and oysters to make reports to the department containing the number of barrels caught or sold and any other information said department may require; to designate the dates for opening and closing of the seasons for catching shrimp and the waters from which the same may be taken; to cause surveys to be made of the coastal regions of the State of Alabama for the purpose of determining the economic soundness of the development of the oyster industry in the location; and to make plans and estimates of the cost of such developments and improvements and in connection therewith to enter on any lands, waters and premises for the purpose of making such surveys, soundings and examinations. (Acts 1935, No. 226, p. 618, §10; Acts 1936-37, Ex. Sess., No. 169, p. 192, §3; Acts 1939, No. 162, p. 255; Code 1940, T. 8, §4.)

Ala. Code § 9-2-5 Commissioner of Conservation and Natural Resources - Qualifications, Appointment, Term of Office, Oath, and Bond.

9-2-5. Commissioner of Conservation and Natural Resources - Qualifications, Appointment, Term of Office, Oath, and Bond. The Department of Conservation and Natural Resources shall be headed by and shall be under the direction, supervision and control of an officer who shall be known and designated as the Commissioner of Conservation and Natural Resources. The Commissioner of Conservation and Natural Resources shall be the advisor of the Governor and the Legislature in matters relating to the wildlife and other natural resources and the state parks and monument and historical sites of the State of Alabama and the discovery, development, protection and conservation thereof. He shall be responsible to the Governor for the administration of the Department of Conservation and Natural Resources. The Commissioner of Conservation and Natural Resources shall be appointed and shall hold office at the pleasure of the Governor. Vacancies for any reason shall be filled in the same manner as original appointments are made. Before entering upon the discharge of his duties, the Commissioner of Conservation and Natural Resources shall take the constitutional oath of office and shall give bond in such penalty as may be fixed by the Governor, but such penalty shall not be less than $10,000.00 conditioned upon the faithful discharge of his duties. The premiums on such bond shall be paid out of the State Treasury. The Commissioner of Conservation and Natural Resources shall devote full time to his office and shall not hold another office under the government of the United States or under any other state or of this state or any political subdivision thereof during his incumbency in such office, and shall not hold any position of trust or profit or engage in any occupation or business the conduct of which shall interfere or be inconsistent with his duties as Commissioner of Conservation and Natural Resources under the provisions of this title. (Acts 1939, No. 162, p. 255, §6; Code 1940, T. 8, §5; Acts 1951, Ex. Sess., No. 9, p. 175, §1.)

Ala. Code § 9-2-6 Commissioner of Conservation and Natural Resources - Powers and Duties Generally.

9-2-6. Commissioner of Conservation and Natural Resources - Powers and Duties Generally. All functions and duties of the Department of Conservation and Natural Resources shall be exercised by the Commissioner of Conservation and Natural Resources acting by himself or by and through such administrative divisions or such officers or employees as he may designate. The Commissioner of Conservation and Natural Resources shall have all power and authority necessary or convenient to carry out the functions and duties of the Department of Conservation and Natural Resources. In the performance of such functions and duties and in the exercise of such powers and authorities, the Commissioner of Conservation and Natural Resources and all other officers and employees of the Department of Conservation and Natural Resources shall, however, be subject to all legal restrictions, limitations and conditions and penalties, civil and criminal, with respect to the performance of such functions and duties and the exercise of such powers and authorities. (Acts 1939, No. 162, p. 255, § 7; Code 1940, T. 8, §6.)

Ala. Code § 9-2-7 Commissioner of Conservation and Natural Resources - Powers and Duties as to Game, Fish and Seafood Generally.

9-2-7. Commissioner of Conservation and Natural Resources - Powers and Duties as to Game, Fish and Seafood Generally. (a) The Commissioner of Conservation and Natural Resources may enforce and administer all laws providing for the preservation, protection, propagation, and development of wild birds, wild fur-bearing animals, game fish, saltwater fish, shrimp, oysters and other shellfish, crustaceans and all other species of wildlife within the state or within the territorial jurisdiction of the state which have not been reduced to private ownership, except as otherwise provided. (b) The commissioner is empowered to do all of the following: (1) To formulate a state wildlife policy. (2) To fix open seasons during which game birds, game, and fur-bearing animals may be taken. (3) To fix daily and season bag limits on game birds and game animals. (4) To designate by name what species of fish shall be game fish. (5) To fix daily creel limits on game fish. (6) To regulate the manner, means, and devices for catching or taking game fishes, game birds, game, and fur-bearing animals and the manner, means, and devices for catching or taking all other species of fish not designated as game fish. (7) To close the season of any species of game in any county or area when, upon a survey by the department, it is found necessary to the conservation and perpetuation of such species and to reopen such closed season when it is deemed advisable. (8) To designate by name what animals shall be classed as game or fur-bearing animals and the time, manner, means, and devices for taking same. (9) To introduce desirable species of game, fish, and birds. (10) To suspend, revoke, or reinstate, pursuant to the terms of any agreements entered into pursuant to subdivision (5) of Section 9-2-2, a hunting, fishing, trapping, or other license or privilege, issued or regulated by the department. (Acts 1935, No. 240, p. 632, §§11, 14; Acts 1939, No. 162, p. 255, §11; Code 1940, T. 8, §17; Act 2009-724, p. 2165, §1.)

Ala. Code § 9-2-8 Commissioner of Conservation and Natural Resources - Promulgation of Rules and Regulations as to Game, Fish and Seafood; Publication and Distribution of Laws, Etc.

9-2-8. Commissioner of Conservation and Natural Resources - Promulgation of Rules and Regulations as to Game, Fish and Seafood; Publication and Distribution of Laws, Etc. The Commissioner of Conservation and Natural Resources is authorized to make and promulgate such reasonable rules and regulations not in conflict with the provisions of the game and fish laws as he may deem for the best interest of the conservation, protection and propagation of wild game, birds, animals, fish and seafoods, which rules and regulations shall have the effect of law; provided, that the Commissioner of Conservation and Natural Resources shall not have the right to make or promulgate any rules or regulations which will hamper industry or which will interfere with the operation of any industrial plant or plants or any industrial operation. The Commissioner of Conservation and Natural Resources shall not have the right to make or promulgate any rules or regulations which will hamper or interfere with the construction of dams built for impounding private waters as defined by the legislature or which will hamper or interfere with the catching, the marketing, the sale or resale or buying of the fish crop or any fish caught or taken from private waters as defined by the Legislature or which will in any way hamper or interfere with the maximum development of private waters as a source of food, farm income and recreation in the State of Alabama. The Commissioner of Conservation and Natural Resources shall publish in pamphlet form for general distribution all laws together with such rules and regulations relating to game, birds, fish, fur bearers, seafoods and other matters over which such Commissioner of Conservation and Natural Resources has authority or supervision. Such pamphlet so published shall be received in evidence without further proof of such rules and regulations in any court of this state. (Acts 1935, No. 240, p. 632, §§ 20, 23; Code 1940, T. 8, §21; Acts 1943, No. 531, p. 505, § 1.)

Ala. Code § 9-2-9 Commissioner of Conservation and Natural Resources - Powers and Duties as to State Parks, Etc., Generally.

9-2-9. Commissioner of Conservation and Natural Resources - Powers and Duties as to State Parks, Etc., Generally. The Commissioner of Conservation and Natural Resources, acting through the Division of Parks, shall have the following powers and authorities: (1) To acquire in the name of the State of Alabama by purchase, lease, agreement, license, condemnation or otherwise land deemed necessary or desirable to be preserved, improved, protected and maintained as a part of the state park system and to accept in his discretion, in fee or otherwise, land donated, entrusted, conveyed or devised to the state for like purposes and with like discretion to accept gifts, contributions or bequests of money or other personal property of value to be used or expended for the benefit of the state park system; (2) To contract and make cooperative agreements with the federal government and with states, counties, municipalities, corporations, associations or individuals for the purpose of acquiring, planning, establishing, developing, utilizing, operating, protecting or maintaining any public park, parkway, monument or historic site; (3) To construct and operate suitable public service privileges and conveniences on any land embraced within the state park system and to charge and collect reasonable fees for the use of the same and in his discretion to enter into contracts for the operation of any such privilege or convenience and to enter into contracts with any person or corporation engaged in the business of supplying the public with water for commercial, industrial or domestic consumption, granting the right to construct a dam across any stream lying wholly or partially in any state park with the buildings, works and lines necessary and convenient to impound the flow of any such stream, to overflow such lands as may be necessary and to conduct such flow through and out of such park and granting such person or corporation the right to use the flow of such stream for such purposes upon such terms and conditions as are deemed to be in the public interest. All money derived from any such privilege, convenience or contract together with such sums as may otherwise be derived from the operation of the state park system shall be paid into the Treasury to the credit of the State Park Fund created in this title; (4) To establish and promulgate and from time to time alter, amend or repeal rules and regulations governing the preservation, protection and use of the state park system and the property thereon and to preserve the peace therein. Any person who violates any rule or regulation so established and promulgated shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $500.00 or imprisonment for not more than six months, or both, and may be adjudged to pay all costs of the proceedings. The Director of the Division of Parks shall have and he is hereby vested with full police power to prefer charges against and to make arrests of any person or persons violating any such rule or regulation. The Commissioner of Conservation and Natural Resources shall have full authority to designate any other employee or employees of the said Division of Parks as deputy police officers, who shall have full authority to prefer charges against or to make arrests of any person or persons violating any rule or regulation established or promulgated by the Commissioner of Conservation and Natural Resources; (5) To initiate and conduct a public program of recreational activities; and (6) To prepare, print and distribute printed matter relating to and descriptive of the state park system. (Acts 1939, No. 556, p. 877, §3; Code 1940, T. 8, §176.)

Ala. Code § 9-2-10 Commissioner of Conservation and Natural Resources - Duties as to Preservation, Maintenance, Etc., of State Parks, Etc.

9-2-10. Commissioner of Conservation and Natural Resources - Duties as to Preservation, Maintenance, Etc., of State Parks, Etc. It shall be the duty of the Commissioner of Conservation and Natural Resources, acting through the Division of Parks, to preserve, improve, protect and maintain all parks, parkways, monuments and historic sites now owned or hereafter acquired or established by the State of Alabama except Mound State Monument, the first White House of the Confederacy and all monuments and historic sites now located on state-owned land in the City of Montgomery. (Acts 1939, No. 556, p. 877, § 2; Code 1940, T. 8, §180.)

Ala. Code § 9-2-11 Commissioner of Conservation and Natural Resources - Creation of Additional Divisions in Department; Appointment of Directors of Divisions.

9-2-11. Commissioner of Conservation and Natural Resources - Creation of Additional Divisions in Department; Appointment of Directors of Divisions. With the approval of the Governor, the Commissioner of Conservation and Natural Resources may create and establish such additional division or divisions as may be determined to be necessary or convenient in the efficient and expeditious performance of the functions and duties of the Department of Conservation and Natural Resources and may assign functions and duties to such division or divisions, and he may transfer functions and duties from and to existing divisions from time to time. Directors of such divisions shall be appointed by the Commissioner of Conservation and Natural Resources with the approval of the Governor. (Acts 1939, No. 162, p. 255, §14; Code 1940, T. 8, §10.)

Ala. Code § 9-2-12 Commissioner of Conservation and Natural Resources - Promulgation of Rules and Regulations for Department.

9-2-12. Commissioner of Conservation and Natural Resources - Promulgation of Rules and Regulations for Department. The Commissioner of Conservation and Natural Resources shall have and exercise all rule-making powers of any division of the Department of Conservation and Natural Resources subject to the provisions of Section 9-2-15. The Commissioner of Conservation and Natural Resources shall have power and authority to establish and promulgate rules and regulations, including amendments and repeals thereof, with respect to the manner of performance of all functions and duties of the Department of Conservation and Natural Resources, which rules and regulations shall be reasonably calculated to effect the expeditious and efficient performance of such functions and duties and shall not be in conflict with applicable statutes. The rule-making power of the Commissioner of Conservation and Natural Resources shall not be delegated, except as otherwise expressly provided. (Acts 1939, No. 162, p. 255, § 8; Code 1940, T. 8, §7.)

Ala. Code § 9-2-13 Commissioner of Conservation and Natural Resources - Authority to Prohibit Importation of Birds, Animals, Fish, Etc.

9-2-13. Commissioner of Conservation and Natural Resources - Authority to Prohibit Importation of Birds, Animals, Fish, Etc. (a) The Commissioner of Conservation and Natural Resources may prohibit by duly promulgated regulation the importation of any bird, animal, reptile, amphibian, or fish when the importation of the animal, bird, reptile, amphibian, or fish would not be in the best interest of the state. (b) This section does not apply to birds, animals, reptiles, amphibians, and fish used for display purposes for carnivals, zoos, circuses, and other like shows and exhibits where ample provision is made so the birds, animals, reptiles, amphibians, and fish will not escape or be released in this state. (c) Any person, firm, corporation, partnership, or association who or which imports, brings, or causes to be brought or imported into the State of Alabama any bird, animal, reptile, amphibian, or fish, the importation of which has been forbidden by duly promulgated regulation of the commissioner, shall be in violation of this section and upon conviction thereof shall be guilty of a Class C misdemeanor, except that the punishment for each offense shall be a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than 30 days, or both. (Acts 1969, No. 414, p. 813, §§1-3; Act 2002-510, p. 1314, §1.)

Ala. Code § 9-2-14 Advisory Board of Conservation and Natural Resources - Created; Composition; Qualifications, Appointment, Terms of Office, and Compensation of Members; Residency Requirements; Meetings; Record of Meetings and Proceedings; Transitional Members.

9-2-14. Advisory Board of Conservation and Natural Resources - Created; Composition; Qualifications, Appointment, Terms of Office, and Compensation of Members; Residency Requirements; Meetings; Record of Meetings and Proceedings; Transitional Members. (a) There shall be an Advisory Board of Conservation and Natural Resources. The board shall consist of the Governor, the Commissioner of Agriculture and Industries, the Director of the Agricultural Extension System ex officio, and 10 other members to be appointed by the Governor, one of whom the Governor shall designate as chair of the Advisory Board of Conservation and Natural Resources. The appointed members of the board shall be selected with special reference to training and experience along one or more of the principal lines of activity vested in the Department of Conservation and Natural Resources. The term of office of each appointed member of the board shall be six years. Of members first appointed, however, two members shall be appointed for two years, three members shall be appointed for four years, two members shall be appointed for five years and three members shall be appointed for six years. The members of the board shall receive no salary or compensation as members of the board, but shall be reimbursed for expenses of travel, meals, and lodging while in the performance of their duties as members of the board, pursuant to Article 2 of Chapter 7 of Title 36. (b) After July 1, 1998, the members of the advisory board appointed by the Governor shall be appointed so that one member of the board is a resident of each congressional district as the districts are constituted on January 1, 1998, and no more than two members are residents of the same congressional district. If a member appointed from a congressional district ceases to be a resident of the district from which appointed, the member shall vacate his or her office. This subsection shall not affect the term or reappointment of any current member of the board. (c) The board shall hold semiannual regular meetings at the time and place designated by the chair of the board or the Commissioner of Conservation and Natural Resources. The chair of the board or the Commissioner of Conservation and Natural Resources may call special meetings as may be necessary. (d) The Commissioner of Conservation and Natural Resources shall be ex officio secretary of the board and shall keep minutes of all meetings and a record of all proceedings of the board. The commissioner shall receive no additional compensation for the services. (e) On a transitional basis, one additional transitional member of the Advisory Board of Conservation and Natural Resources shall be appointed by the Governor from each congressional district as constituted on January 1, 1998, which is not currently represented on the board. A transitional member shall serve a term of six years or until a permanent member of the advisory board is appointed to represent the congressional district where the transitional member resides. A transitional member may be appointed a permanent member to a full term of office. Transitional members of the board shall have the same powers, rights, and duties, and shall be reimbursed for expenses as other members of the advisory board during their service on the board. (Acts 1939, No. 162, p. 255, §9; Code 1940, T. 8, §8; Acts 1945, No. 219, p. 342, §1; Acts 1973, No. 1248, p. 2096, §1; Act 98-383, p. 729, §§1, 2.)

Ala. Code § 9-2-15 Advisory Board of Conservation and Natural Resources - Powers and Duties.

9-2-15. Advisory Board of Conservation and Natural Resources - Powers and Duties. The functions and duties of the Advisory Board of Conservation and Natural Resources shall be as follows: (1) To assist in formulating the policies of the Department of Conservation and Natural Resources in the performance of its functions and duties; (2) To examine all rules and regulations made or promulgated by the Commissioner of Conservation and Natural Resources, to recommend amendments or repeals thereof or additional rules or regulations and by a two-thirds vote of those present at any meeting and with the approval of the Governor to amend or repeal such rules and regulations or to make and promulgate additional rules or regulations; (3) To advise with the Commissioner of Conservation and Natural Resources concerning any matter relating to the functions and duties of the Department of Conservation and Natural Resources; and (4) To assist in giving publicity to the wildlife and other natural resources, the state parks and monuments and historical sites of the state and the work of the Department of Conservation and Natural Resources in connection therewith. (Acts 1939, No. 162, p. 255, §10; Code 1940, T. 8, §9.)

Ala. Code § 9-2-15.1 Advisory Board of Conservation and Natural Resources; Promulgation of Rules and Regulations; Prohibition of Airboat; Penalty.

9-2-15.1. Advisory Board of Conservation and Natural Resources; Promulgation of Rules and Regulations; Prohibition of Airboat; Penalty. (a) The conservation advisory board shall have the power to promulgate rules and regulations having the force and effect of law to regulate, including the authority to prohibit, the use of an airboat on any of the public waters of this state that are subject to an ebb and flow of the tide of at least two inches. (b) Any person violating the provisions of the rules and regulations promulgated under the authority of this section shall, upon conviction, be guilty of a Class C misdemeanor. (Acts 1981, No. 81-425, p. 671, § 1.)

Ala. Code § 9-2-17 Employees Generally.

9-2-17. Employees Generally. The Commissioner of Conservation and Natural Resources shall, with the approval of the Governor and subject to the provisions of the Merit System, determine the number of employees needed for the efficient and economical performance of the functions and duties of the Department of Conservation and Natural Resources. (Acts 1939, No. 162, p. 255, § 19; Code 1940, T. 8, §11.)

Ala. Code § 9-2-18 Requirement of Bonds for Certain Officers and Employees.

9-2-18. Requirement of Bonds for Certain Officers and Employees. Before entering upon the duties of their respective offices, each officer and employee of the Department of Conservation and Natural Resources authorized or permitted to handle any money shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Commissioner of Conservation and Natural Resources, for the faithful performance of their duties. (Acts 1943, No. 122, p. 123, § 1; Acts 1961, Ex. Sess., No. 208, p. 2190.)

Ala. Code § 9-2-19 Administrative Salaries and Expenses to Be Prorated Among Divisions of Department.

9-2-19. Administrative Salaries and Expenses to Be Prorated Among Divisions of Department. The salary of the Commissioner of Conservation and Natural Resources and the salaries and wages of the administrative staff together with all administrative expenses of the Department of Conservation and Natural Resources shall be prorated by the Commissioner of Conservation and Natural Resources among the various divisions of the Department of Conservation and Natural Resources in such manner as he may deem advisable for the best interest of the department as a whole, and such proration charged against any division of the Department of Conservation and Natural Resources shall be paid from funds belonging to such division upon the requisition of the Commissioner of Conservation and Natural Resources. (Acts 1945, No. 225, p. 349, § 1.)

Ala. Code § 9-2-20 Game and Fish Fund - Created; Composition.

9-2-20. Game and Fish Fund - Created; Composition. There is hereby created and there shall be a fund which shall be known as the Game and Fish Fund. This fund shall consist of: (1) All moneys received for all occupational licenses or privilege taxes imposed by the state on any person, firm or corporation for engaging in any business or activity relating to taking, catching, capturing or killing of any fur-bearing or game animal or game bird in this state or the taking, catching, capturing or killing of any fish in the public or territorial waters of this state; (2) All moneys derived from the levying or imposition upon any person, firm or corporation of any tax, license, permit, certificate, fee or any other charge by whatsoever name called pursuant to the game and fish laws of this state or rules and regulations based thereon; (3) All moneys derived from the administration and enforcement of the game and fish laws of this state, or rules and regulations based thereon; (4) All moneys paid, derived, received or arising from fines, penalties and forfeitures pursuant to the game and fish laws of this state and the rules and regulations based thereon; (5) All moneys derived from the sale of hunting and fishing licenses or permits; and (6) All moneys accruing to the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources from any source. (Acts 1945, No. 229, p. 352, §1.)

Ala. Code § 9-2-20.1 Game and Fish Fund - Alabama Game and Fish Endowment Fund Created as Special Account; Administration; Restrictions; Use of Income.

9-2-20.1. Game and Fish Fund - Alabama Game and Fish Endowment Fund Created as Special Account; Administration; Restrictions; Use of Income. (a) There is hereby created within the Game and Fish Fund a special account to be known as the Alabama Game and Fish Endowment Fund. The assets of said fund shall consist of the following: (1) The proceeds from the sale of the lifetime hunting, lifetime fishing, and combination lifetime hunting and fishing licenses provided in subsections (a) through (c) of Section 9-11-65; (2) The proceeds of any gifts, grants and contributions to the state which are specifically designated for inclusion in said fund; and (3) Such other sources as may be specified by law. (b) The Alabama Game and Fish Endowment Fund shall be administered by a board of trustees consisting of the Director of Finance, the Secretary-Treasurer of the State Employees’ Retirement System and the Commissioner of the Department of Conservation and Natural Resources. Said board of trustees shall have the power and authority to invest and reinvest the assets of the fund within the guidelines, limitations and restrictions that govern investment of the State Employees Retirement Fund. (c) The Alabama Game and Fish Endowment Fund is declared to be a special trust derived from a contractual relationship between the state and the members of the public whose investments contribute to the fund. The following limitations and restrictions are placed on expenditures from said fund: (1) Subject to Amendment No. 272 of the Alabama Constitution of 1901, any limitations or restrictions specified by donors on the uses of the income derived from gifts, grants and voluntary contributions shall be respected but shall not be binding. (2) No expenditures or disbursement shall be made from the principal of said fund except as otherwise provided by law. (d) The income derived annually from the Alabama Game and Fish Endowment Fund shall be credited to the Game and Fish Fund regular accounts and expended as provided by law. (Acts 1981, 3rd Ex. Sess., No. 81-1122, p. 386, §§ 4-7.)

Ala. Code § 9-2-20.2 Game and Fish Fund - Alabama Nongame Wildlife Endowment.

9-2-20.2. Game and Fish Fund - Alabama Nongame Wildlife Endowment. (a) There is hereby created within the Game and Fish Fund a special account to be known as the Alabama Nongame Wildlife Endowment. The assets of said account shall consist of the following: (1) The proceeds from the sale of reproductions of the said print and/or stamp; (2) The proceeds of any gifts, grants and contributions to the state which are specifically designated for inclusion in said account; and (3) Such other sources as may be specified by law. (b) The Alabama Nongame Wildlife Endowment shall be administered by a board of trustees consisting of the Director of Finance, the Secretary-Treasurer of the State Employees’ Retirement System and the Commissioner of the Department of Conservation and Natural Resources. Said board of trustees shall have the power and authority to invest and reinvest the assets of the account within the guidelines, limitations and restrictions that govern investment of the State Employees’ Retirement Fund. (c) The Alabama Nongame Wildlife Endowment is declared to be a special trust derived from a contractual relationship between the state and the members of the public whose investments contribute to the account. The following limitations and restrictions are placed on expenditures from said account: (1) Subject to Amendment No. 272 of the Constitution of Alabama of 1901, any limitations or restrictions specified by donors on the uses of the income derived from gifts, grants and voluntary contributions shall be respected, but shall not be binding. (2) No expenditures or disbursements shall be made from the principal of said account except as otherwise provided by law. (d) The income derived annually from the Alabama Nongame Wildlife Endowment shall be credited to the Game and Fish Fund and expended exclusively for purposes of preserving, protecting, perpetuating and enhancing nongame wildlife in this state. (Acts 1990, No. 90-256, p. 319, §§4-7.)

Ala. Code § 9-2-21 Game and Fish Fund - Remittance of Collections to State Treasurer to Credit of Fund.

9-2-21. Game and Fish Fund - Remittance of Collections to State Treasurer to Credit of Fund. Each officer or employee of the Department of Conservation and Natural Resources or other officer charged with the duty of collecting any of the funds or moneys mentioned in Section 9-2-20 shall remit all such collections on the first day of each month directly to the Commissioner of Conservation and Natural Resources, who shall upon receipt thereof remit such collections to the Treasurer of the State of Alabama to the credit of the Game and Fish Fund. (Acts 1945, No. 229, p. 352, §2.)

Ala. Code § 9-2-22 Game and Fish Fund - Disbursement.

9-2-22. Game and Fish Fund - Disbursement. The said fund hereby created shall be used and expended by the Commissioner of Conservation and Natural Resources in furtherance of the preservation, protection, propagation and development of wild birds, wild fur-bearing animals, game, fish and all other species of wildlife within the state or within the territorial jurisdiction of the state which have not been reduced to private ownership and, when so expended, shall be paid out on the requisition of the Commissioner of Conservation and Natural Resources and charged to said fund. All necessary expenses of the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources, including its pro rata portion of the administrative expense of said Department of Conservation and Natural Resources, shall likewise be paid out of said fund on the requisition of the Commissioner of Conservation and Natural Resources; provided, that 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 1945, No. 229, p. 352, §3; Acts 1951, No. 829, p. 1460.)

Ala. Code § 9-2-23 Game and Fish Fund - Diversion of Funds from Particular Purpose for Which Collected, Allotted or Budgeted.

9-2-23. Game and Fish Fund - Diversion of Funds from Particular Purpose for Which Collected, Allotted or Budgeted. Nothing in Sections 9-2-20 through 9-2-22, however, shall 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. (Acts 1945, No. 229, p. 352, §4.)

Ala. Code § 9-2-24 Department Not to Issue Bonds or Borrow Money.

9-2-24. Department Not to Issue Bonds or Borrow Money. The Department of Conservation and Natural Resources shall have no power or authority to issue any bonds or to borrow any money. (Acts 1939, No. 162, p. 255; Code 1940, T. 8, §12.)

Ala. Code § 9-2-25 Refunds on Erroneous or Excessive License Fees.

9-2-25. Refunds on Erroneous or Excessive License Fees. (a) This section shall apply to all licenses administered by the Department of Conservation and Natural Resources or any division thereof. (b) In the event any license for the same privilege is made available at a lesser price and reasonable notice of its availability has not been given to the public, a person, firm or corporation will be entitled to a refund equal to the amount of the reduction of the license fee; and any person, firm or corporation who, by mistake, purchases any duplicate license or pays an amount in excess of that required by law for the license shall be entitled to have the money incorrectly paid refunded as hereinafter provided, less any amount paid as an issuance fee or other fee to any probate judge, license commissioner, special agent or other person authorized to issue such licenses. (c) Any amount charged by a probate judge, license commissioner, special agent or other person authorized to issue such licenses as an issuance fee or other fee that is in excess of the legal and proper issuance fee must be refunded by the probate judge, license commissioner, special agent or other person charging said illegal fee. (d) All applications for refund must be made within one year from the date of such erroneous or excessive payment. (e) The Commissioner of the Department of Conservation and Natural Resources or his duly authorized agent, upon receiving an application for refund and satisfactory proof of duplicate or excessive payment for a license fee, shall authorize refund of the money incorrectly paid, less any legal and proper issuance fee retained by the judge of probate, license commissioner, special agent or other person authorized to issue such licenses. The amount of such refund shall be paid by warrant out of the fund into which it was originally paid in the State Treasury. (Acts 1966, Ex. Sess., No. 438, p. 595, §§1, 2.)

Ala. Code § 9-2-26 Cooperation with Federal Agencies.

9-2-26. Cooperation with Federal Agencies. The Department of Conservation and Natural Resources is authorized to cooperate with the United States Department of Agriculture and other federal agencies in the restoration of wildlife in compliance with the Pittman-Robertson Act and in the restoration or rehabilitation of game, fish, parks or historical sites and monuments. (Acts 1939, No. 514, p. 803, § 12; Code 1940, T. 8, §14.)

Ala. Code § 9-2-27 Compliance with Uniform Relocation Assistance and Land Acquisition Policies Act.

9-2-27. Compliance with Uniform Relocation Assistance and Land Acquisition Policies Act. The Department of Conservation and Natural Resources is hereby authorized to expend such appropriated and uncommitted capital improvement funds as may be necessary to comply with Sections 210 and 305 of Public Law 91-646, known as the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970. (Acts 1971, 3rd Ex. Sess., No. 85, p. 4298, § 1.)

Ala. Code § 9-2-28 “Game and Fish Wardens” Deemed “Conservation Officers.”

9-2-28. “Game and Fish Wardens” Deemed “Conservation Officers.” Whenever the terms “game and fish warden” or “game and fish wardens” appear in this title, the terms shall mean and refer to conservation officers appointed by the Commissioner of the Department of Conservation and Natural Resources. (Acts 1977, No. 20, p. 28; Act 2018-201, §1.)

Ala. Code § 9-2-29 Commissioner Authorized to Designate Calendar Work Week for Law Enforcement Officers.

9-2-29. Commissioner Authorized to Designate Calendar Work Week for Law Enforcement Officers. (a) The Legislature declares that it is the purpose of this section to authorize the Commissioner of the Department of Conservation and Natural Resources to designate the calendar work week for its law enforcement officers. (b) For the purpose of Sections 36-21-4 and 36-21-5, the Commissioner of the Department of Conservation and Natural Resources may designate the calendar work week for the law enforcement officers employed by the department. (Acts 1995, No. 95-745, p. 1696, §§1, 2.)

Ala. Code § 9-2-30 Shark Alert System.

9-2-30. Shark Alert System. (a) This section shall be known and may be cited as the Lulu Gribbin Shark Alert System Act. (b) For the purposes of this section, the following terms have the following meanings: (1) ALERT SYSTEM. The shark alert system. (2) BEACHES AND COASTAL AREAS. Beaches and shorelines that face the Gulf of America or Pelican Bay. (3) COMMISSIONER. The Commissioner of Conservation and Natural Resources. (4) DEPARTMENT. The Department of Conservation and Natural Resources. (5) FIRST RESPONDER. A lifeguard, rescue squad member, emergency medical service provider, public safety telecommunicator, municipal, county, or state law enforcement officer, including an enforcement officer of the department, or any other emergency management provider who responds to an emergency situation. (6) WIRELESS EMERGENCY ALERT. A text message, short message service, or other data application broadcast from a cell tower to all compatible mobile wireless or phone devices that are turned on in a geographic area. (c)(1) The shark alert system is established to serve the beaches and coastal areas in Baldwin and Mobile Counties. (2) The Department of Conservation and Natural Resources shall adopt rules to implement and administer this section, including establishing operating protocols for activating the alert system, in coordination with local emergency management organizations. (3) In the development and implementation of the alert system, the commissioner shall receive upon request the full cooperation, including assistance, expertise, and information, of other departments and agencies of this state or political subdivisions thereof, including the Alabama Emergency Management Agency, local emergency management organizations, the Alabama State Law Enforcement Agency, the Office of Emergency Medical Services of the Alabama Department of Public Health, the Alabama Gulf Emergency Medical Services System, and all first responder organizations that employ or use emergency medical services personnel licensed under Chapter 18 of Title 22, the Offices of Sheriff of Baldwin and Mobile Counties, and the municipalities with jurisdiction over beaches and coastal areas, including the police and other municipal departments that manage public beaches, parks, and piers. (4) The commissioner may enter into agreements with any department or agency of this state or any political subdivision thereof, including those listed in subdivision (3), to provide necessary resources and support for the implementation and operation of the alert system. (d) The alert system shall be activated when the department receives a confirmed report of an unprovoked shark attacking an individual within close proximity to a shoreline or coastline. (e) No private cause of action may be maintained against the department or any of the entities listed in subdivision (c)(3) for failure to activate the shark alert system. (Act 2025-293, §1.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026