Ala. Admin. Code r. 220-3-.33

Current through Register Vol. 43, No. 1, October 31, 2024

Section 220-3-.33 - Marine Turtles And Marine Mammals

(1) It shall be unlawful to take or attempt to take, catch, or attempt to catch, possess, molest, injure, kill, feed, harass, or do any other activity, including any act of pursuit, torment, or interaction, that causes disruption of behavioral patterns or otherwise interferes with the normal activity or well-being of, any marine turtles, mammalian dolphins (porpoises), and manatees, except as may be authorized by a valid permit.

(2) It shall be unlawful to take, catch, molest or have in possession marine (saltwater) turtles whether on land or in any of the waters of Alabama, or to take or disturb or have in possession the eggs of such turtles.

The term marine (saltwater) turtles shall include, but is not limited to, the following species: Atlantic Loggerhead, Atlantic Green Turtle, Atlantic Ridley, Atlantic Hawksbill and the Atlantic Leatherback.

(3) Any person, firm or corporation desiring to take, catch, move, transport or possess one (1) or more marine mammals or marine turtles or the eggs of marine turtles from the waters or land masses of this State for scientific, education or exhibition purposes shall apply for a permit to the Department of Conservation and Natural Resources, Marine Resources Division. Upon determining that interest in science or education will be served thereby, the Director of the Marine Resources Division may issue a permit specifying the number of marine mammals or marine turtles or the eggs of marine turtles to be taken.

(a) Any person, firm or corporation desiring to hold one (1) or more marine mammals or marine turtles or the eggs of marine turtles in captivity shall provide and maintain facilities which meet the requirements of the Director of the Marine Resources Division.

(b) No marine mammals or marine turtles or the eggs of marine turtles shall be shipped within or outside the State without a special permit from the Director of the Marine Resources Division which may require such information as he deems necessary relative to the adequacy of holding facilities of the recipients and a permit for such equipment shall be granted only when the Director determines the facilities are adequate.

Ala. Admin. Code r. 220-3-.33

New Rule: Filed December 12, 1995; effective January 16, 1996. Amended: Filed July 18, 2003; effective August 22, 2003. Amended: Filed July 25, 2008; effective August 29, 2008.

Author: M. Barnett Lawley

Statutory Authority:Code of Ala. 1975, §§ 9-2-4, 9-2-7, 9-2-8, 9-2-12, and 9-11-395.

Penalty: As provided by law.