Alabama. Dept. of Conservation and Natural Resources.

Authorities:

Alabama Government Manual. (Atlanta: Darby Printing Company, 1977, 1982).

Alabama Official and Statistical Register. State of Alabama Department of Archives and History. (Montgomery: Skinner Printing Company, 1979).

Code of Ala., 1975, 9:2:1 - 9:2:130. (Charlottesville: The Michie Company, 1977).

Markley, Anne Ethelyn. Author Headings for the Official Publications of the State of Alabama. (Chicago: American Library Association, 1948).

The Department of Conservation and Natural Resources is an administrative agency of the State of Ala. entrusted with the promotion and protection of wildlife; the supervision and maintenance of State forests, parks, monuments, and historical sites; the control of public lands not administered by other agencies; and the administration of the game and fish laws. (Alabama Government Manual, 1982, p. 85)

In 1907 the Legislature conferred upon the State of Ala. legal ownership of all wild birds and game not privately owned, and established the Dept. of Game and Fish to supervise the State's interests. The duties of the Dept. were: 1) to regulate the catching, killing, or taking of wild birds or game by establishing seasons during which hunting was permitted and by establishing daily and seasonal limits; 2) to regulate the sale, purchase, and transport of wild birds and to protect their nests and eggs; and 3) to issue certificates of authorization for scientists and ornithologists to collect birds, nests, or eggs for scientific study. (Acts of Ala., 1907, No. 18, Sec. 1-10)

Responsibility for administering the Dept. of Game and Fish was the function of the Game and Fish Commissioner, initially elected by joint vote of the House and Senate to serve for two years at an annual salary of $2500. After 1909 the Commissioner was popularly elected every four years. It was the responsibility of the Commissioner to file with the Governor at the end of each month an itemized statement of all money received or expended in the discharge of his official duties, which included: 1) enforcing all laws for the protection, preservation, and propagation of game animals, birds, and fish; 2) prosecuting violators of Game and Fish laws; 3) seizing game which had been caught, killed, or shipped in violation of State law; 4) appointing county Game and Fish Wardens; 5) publishing in pamphlet form for general distribution the current laws relating to game, birds, and fish; and 6) issuing an annual report to the Governor showing official business transacted, the amount of money generated from fees for hunting and fishing licenses and other sources, and the number of Game Wardens employed by the Dept. (Acts of Ala., 1907, No. 18, Sec. 17-29)

The Act of 1907 also provided for all sheriffs, deputy sheriffs, marshalls, constables, and other peace officers to function as ex-officio Game and Fish Wardens. The Act directed probate judges to issue hunting and fishing licenses, to maintain for the Commissioner a record of all licenses issued, and to remit to the State Treasurer the fees realized from the issuing of licenses. The Treasurer maintained the Game and Fish Protection Fund which was comprised of moneys from licenses, fines, penalties, and forfeitures. The salary of the Commissioner and his incidental expenses were paid out of this fund. (Acts of Ala. 1907, No. 18, Sec. 34)

In 1919 the Legislature changed the name of the Dept. of Game and Fish to the "Dept. of Conservation," and the title of Commissioner of Game and Fish to "Conservation Commissioner." It was the responsibility of the Dept. of Conservation to enforce and administer all laws providing for the preservation, protection, and progagation of wild birds, wild fur-bearing quadrupeds, game, forests, fish, oysters and other shellfish, crustaceans and all other natural resources within the State not privately owned. (Acts of Ala. 1919, No. 207, Sec. 1)

The Commissioner was elected every four years and received a salary of $3000. He had the power, with the consent and approval of the Governor, to appoint a special agent to investigate violations of conservation statutes, to make arrests, to serve processes, and to summon witnesses in any county. (Acts of Ala., 1919, No. 207, Sec. 5)

The Commissioner was authorized to adjust claims for damages done to growing crops by the State's elk, and to make awards for such not exceeding $50. (Acts of Ala., 1919, No. 207, Sec. 6)

The Commissioner was required to compile for the Legislature information concerning the natural resources of the State and to make recommendations for the passage of additional laws to protect Ala.'s natural resources. (Acts of Ala., 1919, No. 207, Sec. 7)

The Commissioner had the power to introduce desirable species of birds, game, and fish, and to distribute them in localities best suited for them. (Acts of Ala., 1919, No. 207, Sec. 8)

In 1919 Sept. the Legislature instituted within the Dept. of Conservation the office of Chief Oyster Inspector. The functions of this office had been exercised by the Public Reef Warden (1915-1919), the Ala. Oyster Commission (1911-1915), the Board of Oyster Commissioners (1909-1911), and the State Oyster Inspector (1891-1897).

The Commissioner of Conservation was authorized to appoint the Chief Oyster Inspector and Assistant Inspectors. Assistant Inspectors were required to submit to the Chief Inspector weekly reports and deposits of money collected in the form of fines, fees, and taxes. The Chief Inspector issued monthly reports to the Commissioner of Conservation and monthly accounts to the State Auditor, who directed the State Treasurer to credit accordingly the account of the Oyster Protection Fund. (Acts of Ala., 1919, No. 259, Sec. 7, 8).

The Dept. of Conservation provided the Chief Oyster Inspector with a power boat in which to visit the oyster reefs and shrimping grounds daily, except Sundays and in cases of inclement weather, during the season when oysters and shrimp could lawfully be taken. The Inspector and his deputies had the power of deputy sheriffs to arrest violators of the State's seafood laws. (Acts of Ala., 1919, No. 259, Sec. 9)

Ala. Port, Cedar Point, Dauphin Island, and Bayou La Batre were established as official ports of entry for the purpose of landing and taxing shipments of oysters, shrimp, and other seafoods. (Acts of Ala., 1919, Sec. 17)

The office of Chief Oyster Inspector functioned within the Dept. of Conservation until 1935 July when the Legislature re-established the Ala. Oyster Commission. (Acts of Ala., 1935, No. 226, Sec. 1)

In 1923 the Dept. of Conservation became the Dept. of Game and Fisheries; it was empowered to enforce and administer all laws providing for the preservation, protection, propagation, and development of wild birds, wild fur-bearing quadrupeds, game, fish and salt-water fish, shrimp, oysters and other shellfish, crustaceans, and all other natural resources within the State or within the territoral jurisdiction of the State not privately owned. (Acts of Ala., 1023, No. 601, Sec. 656)

The Commissioner of Game and Fisheries was elected every six years, received an annual salary of $4000, and employed a clerk and bookkeeper in his Capitol office. (Acts of Ala., 1923, No. 601, Sec. 659)

The Commissioner was authorized to draw expense money from the Game and Fish Protection Fund and from the Oyster Fund. The accounts of the Commissioner were subject to auditing by the Governor's office. (Acts of Ala., 1923, No. 601, Sec. 662, 669)

The Commissioner was authorized to appoint one advisor in each precinct in the State to keep in touch with the county Game and Fish Warden to report infractions of conservation statutes. County Game and Fish Wardens were directed to caution all sportsmen of the danger of forest fires and to report all fires burning out of control. (Acts of Ala., 1923, No. 601, Sec. 677)

In 1935 the Legislature changed the name of the Dept. of Game and Fisheries to the "Dept. of Conservation of Game, Fish, and Seafood." (Acts of Ala., 1935, No. 240, Sec. 1)

The Commissioner was appointed by the Governor to serve a four year term. He was authorized to employ a chief clerk, a secretary, a stenographer/file clerk, a research and statistics assistant, and, upon approval of the Governor, additional assistants when necessary. (Acts of Ala., 1935, No. 240, Sec. 4)

In 1935 the Legislature created a seven member Conservation Board, appointed by the Governor, to advise the Commissioner, who also served as Chairman of the Board. The duties of the Board specifically included: 1) meeting on the first Mondays in Jan. and July to formulate State wildlife policies; 2) fixing open seasons for hunting; 3) fixing daily and seasonal bag limits; 4) designating by name what species of fish should be called game fish; 5) establishing daily creel limits of game food fish; 6) regulating the manner, means, and devices for catching game food fish and those not designated as game food fish; 7) seeing that salaries of Conservation officials were within the limits fixed by the Lapsley-Lusk Acts; and 8) closing the season on any game in any county or area when Dept. surveys deemed it necessary. (Acts of Ala., 1935, No. 240, Sec. 8)

In 1939 the Legislature abolished the Dept. of Conservation of Game, Fish, and Seafoods, the Conservation Board, the Ala. Oyster Commission, the State Commission of Forestry, the Office of State Forester, and the Ala. Monument Commission, and created the Dept. of Conservation, conferring on it all powers and functions previously exercised by those agencies. (Acts of Ala., 1919, No. 162, Sec. 4, 5)

Direction, supervision, and control of the Dept. of Conservation was vested in a Director of Conservation, who was appointed by the Governor and held office at his pleasure. The Director received an annual salary of $6000 and was prohibited by law from engaging in any other business enterprises during his term of office. To the Director belonged the powers and authority exercised by the earlier administrators of the Dept. of Conservation, as well as the powers of the directors of the agencies which were incorporated into the Dept. of Conservation by the Act of 1919. (Acts of Ala., 1939, No. 162, Sec. 6)

The duties of the reorganized Dept. of Conservation included: 1) to protect, conserve, and increase the wildlife of the State and to administer all laws relating to wildlife protection, conservation, and increase; 2) to protect, conserve, and increase all laws relating to timber and forestry; 3) to make exploration, surveys, studies, and reports concerning wildlife, timber, and forest resources, state parks, monuments, and historical sites in the State and to publish items of general interest thereof; 4) to maintain, supervise, operate, and control all State forests, parks, monuments, and historical sites except Moundville State Monument and the First White House of the Confederacy; 5) 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; 6) to cooperate with the U.S. Secretary of Agriculture with respect to wildlife restoration projects, the prevention of forest fires, and the development of State parks; 7) to promote general education in the areas of wildlife protection, responsible utilization of natural resources, and maintenance of historic monuments within the State; and 8) to recommend to the Legislature legislation necessary to the continued protection and conservation of the State's wildlife, forests, natural resources, state parks and historic monuments. (Acts of Ala., 1939, No. 162, Sec. 3)

The Act of 1939 also created the Advisory Board of Conservation. Members of the Board included the Governor, the Commissioner of Agriculture and Industries, the Director of the Agricultural Extension Service of the Ala. Polytechnical Institute as an ex-officio member, and eight members appointed by the Governor, one of whom he designated as Chairman. Each member served a term of six years. Members received no salary but were compensated for travel, lodging, and meal expenses incurred during the performance of their duties. The Board was required by law to meet on the second Tuesdays in Mar. and Sept. at the offices of the Dept. of Conservation. The Governor and Director were authorized to call no more than two special meetings of the Board in any year. The Director served as ex-officio Secretary of the Board. (Acts of Ala., 1919, No. 162, Sec. 9)

The duties of the Advisory Board of Conservation were: 1) to assist the Director in formulating the policies of the Dept.; 2) to examine rules and regulations for the purpose of amending or repealing them by a 2/3's vote of the Board with the Governor's approval; 3) to advise the Director concerning any matter pertinent to the functions and duties of the Dept.; 4) to assist in providing the general public with information and publicity concerning the wildlife, forests and natural resources, State parks, monuments, and historical sites of the State. (Acts of Ala., 1939, No. 162, Sec. 10)

The Act of 1939 provided for the establishment of various divisions within the Dept. of Conservation; 1) Division of Game, Fish, and Seafoods; 2) Division of Forestry; 3) Division of State Parks, Monuments, and Historical Sites, and authorized the Director to establish, with the Governor's approval, additional divisions when necessary. (Acts of Ala., 1939, No. 162, Sec. 13, 14)

The Act of 1939 called for the consolidation of the Game and Fish Protection Fund, the Forestry Fund, the Oyster Protection Fund, and the funds or moneys of the Ala. Oyster Commission into one fund, known as the Conservation Fund, from which were paid the salaries and expenses of Dept. officials and employees. Any unexpended balance remaining in the Conservation Fund at the end of the fiscal year was transferred to the General Fund. (Acts of Ala., 1939, No. 162, Sec. 17)

All employees and officials of the Dept., with the exception of the Director, were selected and classified according to the provisions of the Merit System Act of 1939. (Acts of Ala., 1939, No. 162, Sec. 20)

In 1945 the Legislature created within the Dept. of Conservation the Office of Land Agent, whose duties were to compile a record of all lands owned by the State or any department or institution of the State; to provide for the mapping, surveying, cruising, developing, and disposal of lands, to designate State lands as "used" or "unused"; and to provide for the disposition of any revenue from unused lands. The Land Agent was selected by the Director of the Department. (Acts of Ala., 1945, No. 341, Sec. 1-6)

In 1965 the Legislature created within the Dept. of Conservation the office of Director of Irrigation. The position called for someone "knowledgeable in the field of conservation and experienced in reclamation and irrigation work." The Governor selected the Director from a list of nominees prepared by the Water Resources Research Institute, the Water Improvement Commission, and the State Geologist, to serve a term of four years. The Irrigation Director's annual salary of $12,000 came out of the Conservation Fund. (Acts of Ala., 1965, No. 828, Sec. 1)

It was the duty of the Irrigation Director: 1) to work with and assist any irrigation district within the State; 2) to formulate plans for the establishment of irrigation districts; 3) to supervise construction and maintenance of irrigation projects; and 4) to exercise general supervision wherever State interests or conflicts arose concerning State programs of irrigation and water conservation. (Acts of Ala., 1965, No. 828, Sec. 1, 2)

In 1969 the Legislature abolished the division of Forestry of the Dept. of Conservation and established the Alabama Forestry Commission. (Acts of Ala., 1969, No. 764, Sec. 1)

In 1971 the Legislature changed the name of the Dept. of Conservation to the "Department of Conservation and Natural Resources." The Division of the Seafoods was changed to the "Division of Marine Resources". (Acts of Ala., 1971, No. 987, Sec 1, 2)

In 1973 the name of the Advisory Board of Conservation was changed to the "Advisory Board of Conservation and Natural Resources," although the function and duties of the Board did not change.

The Dept of Conservation and Natural Resources receives funding from a variety of sources. The Land Management Fund, the State Forestry Fund, and the State Parks Fund receive appropriations from the General Fund; each also receives money from other sources. The Administrative Fund is derived mainly from inter-departmental transfers. The Seafood Food, Game and Fish Fund, Game and Fish Public Works Fund, and Water Safety Fund receive money from several sources including fees. The Game and Fish Fund and the Game and Fish Public Works Fund also receive funds from the Federal government. (Alabama Government Manual, 1982)

The Commissioner supervises the Dept. of Conservation and Natural Resources, creates divisions other than those provided by law with the consent of the Governor, prorates administrative salaries and expenses among various divisions of the Dept., and makes rules and regulations concerning conservation matters. He enters into reciprocal agreements with other states, as provided by law, and cooperates with the Federal government on programs within his jurisdiction. The Commissioner appoints all employees subject to Merit System provisions, with the approval of the Governor. He may acquire land, erect buildings, establish game refuges and shooting preserves, establish wildlife management areas, supervise public lands not under the control of other agencies, and may lease certain State lands for exploration, development, and production of oil, gas, and other minerals. He is authorized to issue certificates and licenses, and to administer State and Federal funds used by the Dept. He is assisted in performing his duties by an Administrative Assistant. (Alabama Government Manual, 1977, pp. 86-87)

As of 1982, Divisions of the Dept. of Conservation and Natural Resources were:

Alabama. Department of Conservation and Natural Resources. Administrative Division.

Authority: Alabama Government Manual, 1982

The Administrative Division serves the other divisions of the Dept. through the following sections: Personnel and Payrolls, Warehouse and Inventory Control, Accounting, Legal, Information and Education (including public relations, duplication, and publication units), Engineering (including design, construction, and surveying units), and Bureau of Outdoor Recreation.

Alabama. Department of Conservation and Natural Resources. State Lands Division.

Authority: Alabama Government Manual, 1982.

The Division manages the lands of certain educational institutions. It also manages and controls submarginal lands and river and bay bottoms. It may sell timber and other resources from these lands.

Alabama. Department of Conservation and Natural Resources. State Parks Division.

The Division manages and operates State parks, historical sites, and recreational areas.

Alabama. Department of Conservation and Natural Resources. Game and Fish Division.

The Division enforces game and fish laws, manages game and fish resources, conducts research, and supervises game preserves, public hunting areas, public fishing lakes, and fish hatcheries. It is divided into the following sections: Headquarters Staff, Inland Fish, Federal Aid to Wildlife, and Law Enforcement. The last named section employs a number of conservation officers in the eleven districts into which the State is divided for the purpose of enforcing laws relating to game and fish.

Alabama. Department of Conservation and Natural Resources. Marine Resources Division.

The Division enforces laws relating to seafoods, conducts research, and propagates oysters and shrimp. Marine research is conducted under contract with the Division of the Dept. of Biology at the University of Alabama.

Alabama. Department of Conservation and Natural Resources. Marine Police Division.

The Division enforces the Water Safety Laws and helps to educate the public in water safety. It also has an extensive program of marking channels and hazards on the public waters of the State. The Division employes a number of marine police officials to carry out its education and enforcement functions. The officers may exercise all the powers granted to law enforcement officials in the State.

From the description of Agency history record. (Unknown). WorldCat record id: 145407903