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Alabama

Code of Alabama. Title 9. Conservation and Natural Resources. Chapter 2. Department of Conservation and Natural Resources. Article 3. Division of Wildlife and Freshwater Fisheries.

Statute Details
Printable Version
Citation: AL ST 9-2-60 to 67

Citation: Ala Code 9-2-60 to 67


Last Checked by Web Center Staff: 10/2013

Summary:   This set of laws establishes the Division of Wildlife and Freshwater Fisheries within the Alabama Department of Conservation and Natural Resources and outlines the powers and duties of various officials within that division.


Statute in Full:

§ 9-2-60. Created.

§ 9-2-61. Appointment of director; powers and duties of division generally.

§ 9-2-62. Oath of director; director full-time position.

§ 9-2-63. Bond of director.

§ 9-2-64. Appointment, oath, bond and compensation of game and fish wardens and deputy wardens.

§ 9-2-65. Powers and duties of game and fish wardens; powers and duties of director with respect to game and fish wardens.

§ 9-2-66. Official annual state nongame wildlife print and/or stamp.

§ 9-2-67. Rules and regulations for Nongame Wildlife Endowment.

 

 

§ 9-2-60. Created.

(a) There is created within the Department of Conservation and Natural Resources a division to be known as the Division of Wildlife and Freshwater Fisheries.

(b) Wherever reference is made to the Game and Fish Division or the Division of Game and Fish in this title, or in any other statute, rule, or regulation of the State of Alabama, the reference shall be construed to refer to the Division of Wildlife and Freshwater Fisheries.

 CREDIT(S)

 (Acts 1951, No. 476, p. 840, § 2; Act 99-637, 2nd Sp. Sess., §§ 1, 2.)

 

 

§ 9-2-61. Appointment of director; powers and duties of division generally.

 The Division of Wildlife and Freshwater Fisheries shall be a division of the Department of Conservation and Natural Resources and shall be headed by and be under the direction, supervision and control of the Director of the Division of Wildlife and Freshwater Fisheries. He shall be appointed by the Commissioner of Conservation and Natural Resources with the approval of the Governor. The Division of Wildlife and Freshwater Fisheries shall have the personnel, powers, properties, functions and duties of the Department of Conservation and Natural Resources which pertain to the game and fish of the State of Alabama and such personnel, duties, powers, functions and properties as may be hereafter conferred by law.

 CREDIT(S)

 (Acts 1939, No. 162, p. 255, § 11; Code 1940, T. 8, § 15; Acts 1951, No. 476, p. 840, § 2.)

 

 

§ 9-2-62. Oath of director; director full-time position.

 Before entering upon the discharge of his duties, the Director of the Division of Wildlife and Freshwater Fisheries shall take the constitutional oath of office. He shall devote his full time to his official duties and shall hold no other lucrative position.

 CREDIT(S)

 (Acts 1939, No. 162, p. 255, § 15; Code 1940, T. 8, § 16.)

 

 

§ 9-2-63. Bond of director.

 Before entering upon the duties of his office, the Director of the Division of Wildlife and Freshwater Fisheries 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 his duties.

 CREDIT(S)

 (Acts 1943, No. 122, p. 123, § 15; Acts 1961, Ex. Sess., No. 208, p. 2190, § 1.)

 

 

§ 9-2-64. Appointment, oath, bond and compensation of game and fish wardens and deputy wardens.

 The Commissioner of Conservation and Natural Resources shall have power to appoint as many game and fish wardens as he shall deem necessary for the proper enforcement of the game and fish laws of the state. All game and fish wardens or deputy wardens shall, before entering upon their duties as such, take the oath of office as required by law for sheriffs in this state. Before entering upon the duties of their offices, all game and fish wardens or deputy wardens shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $1,000.00, for the faithful performance of their duties. The employees provided for in this section shall be reimbursed for their meals, lodging and transportation when absent from their headquarters in the performance of their duties. Where any area of land or water by purchase, lease or otherwise has been duly organized and developed as a hunting or fishing club, upon recommendation from the officers of such club the Commissioner of Conservation and Natural Resources may appoint the superintendent, keeper or other person in charge of the club's grounds and premises, without expense to the state, to the position of deputy game and fish warden.

 CREDIT(S)

 (Acts 1935, No. 240, p. 632, § 12; Code 1940, T. 8, § 18; Acts 1943, No. 122, p. 123, § 1; Acts 1961, Ex. Sess., No. 208, p. 2190, § 1.)

 

 

§ 9-2-65. Powers and duties of game and fish wardens; powers and duties of director with respect to game and fish wardens.

 (a) Game and fish wardens shall have power:

 (1) To enforce all laws of this state relating to birds, animals and fish;

 (2) To execute all warrants and search warrants for the violation of the game, fish and fur laws of the state;

 (3) To serve subpoenas issued for examination, investigation and trial of all offenses against the law relating to game, fur bearers, birds and fish;

 (4) To carry firearms as provided by law for enforcement officers when in the discharge of their official duties;

 (5) To confiscate all game, birds, animals or fish or parts thereof which have been caught, taken, killed or held at a time in any manner or for any purpose or had in possession or under control or have been shipped, carried or transported contrary to the laws of this state, and game, fur bearers, birds, fish or parts thereof so confiscated shall be held as evidence in the court in which the defendant is held for trial; and, upon conviction of the defendant, said game, fur bearers, birds, fish or parts thereof shall be disposed of by written order of the court;

 (6) To enter upon any land or water in the performance of their duty;

 (7) To assist individual citizens, clubs, groups and organizations of sportsmen and conservation clubs by furnishing information and such other assistance as may be found necessary in the construction of fish ponds, the establishing of feeding grounds for migratory wild fowl, the planting of fish from the state and federal fish hatcheries, the reclaiming of stranded fish and the control of predators on useful forms of wildlife; and

 (8) To perform such other additional duties as the Commissioner may direct.

 (b) The director of the division shall:

 (1) Constantly keep in touch with the game and fish wardens;

 (2) Assist and advise them in their work;

 (3) See that all wardens are continuous in the performance of their duties;

 (4) Make reports to the Commissioner of any dereliction of duty;

 (5) Investigate all charges of alleged misconduct or other alleged wrongful acts on the part of any warden and make special reports thereon to the Commissioner;

 (6) Assist in the prosecution of violations of all laws relating to the department; and

 (7) Perform such other duties as the Commissioner may direct.

 CREDIT(S)

 (Acts 1935, No. 240, p. 632, § 14; Code 1940, T. 8, § 19.)

 

 

§ 9-2-66. Official annual state nongame wildlife print and/or stamp.

 (a) There is hereby established an official annual state nongame wildlife print and/or stamp.

 (b) The Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources is hereby given the authority to contract with an artist of its choice for the providing of said print and/or stamp.

 (c) The Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources is hereby given authority to sell reproductions of said print and/or stamp.

 CREDIT(S)

 (Acts 1990, No. 90-256, p. 319, §§ 1-3.)

 

§ 9-2-67. Rules and regulations for Nongame Wildlife Endowment.

 The Commissioner of the Department of Conservation and Natural Resources is hereby authorized to promulgate such rules and regulations as shall be necessary to carry out the intent of this act.

 CREDIT(S)

 (Acts 1990, No. 90-256, p. 319, § 8.)

 

 



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