Section 9-20-1
Section 9-20-1
Short title.
This chapter may be cited as the 'Alabama Nonindigenous Aquatic Plant Control Act.'
(Acts 1995, No. 95-767, p. 1813, §1.)Section 9-20-2
Section 9-20-2
Definitions.
The following terms and phrases shall have the following meanings unless the context clearly indicates otherwise:
(1) AQUATIC PLANT. Any plant growing in, or closely associated with, the aquatic environment including, without limitation, floating, emersed, submersed, ditchbank and wetland plant species.
(2) DEPARTMENT. The Alabama Department of Conservation and Natural Resources.
(3) NONINDIGENOUS AQUATIC PLANT. Any aquatic plant which is not an indigenous or native aquatic plant species of the State of Alabama.
(4) PERSON. Any and all persons, natural or artificial, including, without limitation, any individual, partnership, association, society, joint stock company, firm, company, corporation, institution, trust, estate, or other legal or other business organization or any governmental entity, and any successor, representative, agent or agency of the foregoing.
(5) PUBLIC WATERS OF THE STATE. Those waters which are defined as public waters in Section 9-11-80.
(Acts 1995, No. 95-767, p. 1813, §2.)Section 9-20-3
Section 9-20-3
Introduction of nonindigenous aquatic plants in public waters prohibited.
Any person who introduces, places, or causes to be introduced or placed, any nonindigenous aquatic plant into any public waters of the state shall be in violation of this chapter. For purposes of this section, the unintentional adherence to a boat or boat trailer of a nonindigenous aquatic plant, and its subsequent unintentional transportation or dispersal in the course of common and ordinary boating activities and practices, does not constitute a violation of this chapter.
(Acts 1995, No. 95-767, p. 1813, §3.)Section 9-20-4
Section 9-20-4
Exemption for possession of nonindigenous aquatic plants.
Any person who possesses, through natural dispersion, an aquatic plant which is prohibited from being introduced or placed in a public water of the state pursuant to Section 9-20-3, and the possession poses neither danger or intent to further disperse the aquatic plant by means of transportation or other action, shall not be guilty of a violation of this chapter.
(Acts 1995, No. 95-767, p. 1813, §4.)Section 9-20-5
Section 9-20-5
Rules, regulations, or standards.
The department shall establish, adopt, promulgate, modify, repeal, or suspend any rules, regulations, or standards as necessary for the proper administration, implementation and enforcement of this chapter. The rules, regulations, or standards shall include, without limitation, a list of all nonindigenous aquatic plants which are prohibited from being placed or introduced into public waters of the state pursuant to Section 9-20-3.
(Acts 1995, No. 95-767, p. 1813, §5.)Section 9-20-6
Section 9-20-6
Penalties.
Any person who violates this chapter, or any rule, regulation, or standard adopted pursuant to this chapter, shall be guilty of a Class C misdemeanor and shall be punished in accordance with Sections 13A-5-7 and 13A-5-12.
(Acts 1995, No. 95-767, p. 1813, §6.)Section 9-20-7
Section 9-20-7
Construction with other law.
No section of this chapter shall be construed as repealing any other laws of the state but shall be held and construed as ancillary and supplemental thereto.
(Acts 1995, No. 95-767, p. 1813, §8.)
|
