Alabama § 9-12-4 Proceedings as to Violations of Chapter - Jurisdiction

Alabama Statutes

§ 9-12-4 — Proceedings as to Violations of Chapter - Jurisdiction

Alabama·Title 9 Conservation and Natural Resources·Ch. 12 Marine Resources·Art. 1 General Provisions

(a)Except as provided in subsection (b), jurisdiction of an alleged violation of this chapter shall be in the district court of the county where the offense is alleged to have been committed.

(b)(1) For the purposes of determining jurisdiction of violations of the marine resources law pursuant to this subsection, the following line is established: The line shall be the centerline of the Mobile Ship Channel as it is located in the Gulf of Mexico, southward to the last navigational buoy, commonly referred to as the “Farewell Buoy,” which is located at Latitude 30 degrees 07.490 minutes, Longitude 88 degrees 04.130 minutes, and extending due south from that point.

(2)If a violation of any marine resources law or regulation is alleged to have been committed in the Gulf of Mexico within the w

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(a) Except as provided in subsection (b), jurisdiction of an alleged violation of this chapter shall be in the district court of the county where the offense is alleged to have been committed.
(b)(1) For the purposes of determining jurisdiction of violations of the marine resources law pursuant to this subsection, the following line is established: The line shall be the centerline of the Mobile Ship Channel as it is located in the Gulf of Mexico, southward to the last navigational buoy, commonly referred to as the “Farewell Buoy,” which is located at Latitude 30 degrees 07.490 minutes, Longitude 88 degrees 04.130 minutes, and extending due south from that point.
(2) If a violation of any marine resources law or regulation is alleged to have been committed in the Gulf of Mexico within the waters of the state, the jurisdiction of the offense shall be based on the global positioning system (GPS) location thereof and shall be in Baldwin County if the GPS location of the offense is east of the line described in subdivision (1) and shall be in Mobile County if the GPS location of the offense is west of the line described in subdivision (1).
(3) If a violation of any marine resources law or regulation is alleged to have been committed in the Gulf of Mexico outside the state’s territorial waters where the state has jurisdiction over the fishing vessel, recreational or commercial, under the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. §1856, or any other provision of federal law, the jurisdiction of the offense shall be based on the GPS location thereof and shall be in Baldwin County if the GPS location of the offense is east of the line described in subdivision (1) and shall be in Mobile County if the GPS location of the offense is west of the line described in subdivision (1).

Alabama § 9-12-4 (Proceedings as to Violations of Chapter - Jurisdiction) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

(Code 1852, §1123; Code 1867, §1303; Code 1876, §1611; Code 1886, §4722; Code 1896, §5577; Code 1907, §7498; Code 1923, §5106; Code 1940, T. 8, §167; Act 2007-419, p. 891, §5.)