Ala. Admin. Code r. 220-6-.19

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

Section 220-6-.19 - Aids To Navigation And Regulatory Markers

(1) Whenever the Director of the Marine Police Division of the Department of Conservation and Natural Resources shall determine that, in the interests of public safety, it is necessary to restrict the speed of boats or boating activities on, or prohibit entrance of boats into, certain areas of the waters of this state, or otherwise regulate or prohibit the use of boats or water skis (including all devices similar to water skis), in such areas, he shall designate such restricted areas by appropriate signs, which signs shall be as follows:

A symbol of a diamond shape with a cross within the diamond, colored international orange on a white background, shall mean "Boats Keep Out."

A symbol of a circle shape, colored international orange on white background, designates a controlled or prohibited boating activity such as, limiting the speed of a vessel, prohibiting fishing or skiing or swimming, etc. In most instances, lettering will be placed in the center of said circle designating the prohibited or controlled boating activity.

Provided that whenever said restriction affects the interests of another division of the Department of Conservation and Natural Resources, the director of the division affected shall be consulted by the Director of the Marine Police Division and an agreement reached before the restriction becomes effective. If no agreement on the restriction is reached, the Commissioner of Conservation and Natural Resources shall resolve the difference.

(2) It shall be unlawful for any person, firm or corporation to place or maintain any regulatory markers (signs or buoys) on the public waters of this state without first having received permission for the erection of such regulatory markers from the Marine Police Division of the Department of Conservation and Natural Resources. When permission for the erection of such markers is given, same may only be of a standard type and with standard lettering and colors which shall be specified and designated by the Marine Police Division of the Department of Conservation and Natural Resources. Any person, firm or corporation desiring to place or erect regulatory markers on the public waters of this state must first make application to the Marine Police Division for permission. Upon receipt of such application, the Marine Police Division shall notify such applicant or applicants of the necessary specifications for regulatory markers of the type desired and if permission for the erection and placing of markers is granted to the applicant, same must comply with the specifications as provided by the Marine Police Division.

(3) The diver's flag shall not be less than 300 milliliters (12 inches) square, colored red with a white two-inch strip running diagonally from the top staff corner to the bottom fly corner and shall be prominently displayed and visible from all directions and kept within a 15.2 meters (50 foot) radius of divers when said divers are in the water.

(4) It shall be unlawful to fail to comply with any restrictive sign, buoy, or marker as approved by the Director of the Alabama Marine Police Division.

(5) In addition to the restrictions provided for in Section 33-5-74, Code of Ala. 1975, it shall be unlawful for any person to attach to any authorized navigational buoy or sign/sign piling, a line of any other type than is provided for in Section 33-5-74, to include but not be limited to: trot lines, nets, fishing line, or any signs.

(6) Nothing in this regulation shall be interpreted so as to mean that signs or markers shall be a prerequisite for prosecuting a person who violates any other provisions of law or any other rule or regulation.

(7) Rule 220-6-.19, as previously promulgated, is hereby expressly repealed in its entirety.

Author: James D. Martin

Ala. Admin. Code r. 220-6-.19

Filed May 9, 1991. Repealed and Replaced: Filed June 27, 1995; effective August 2, 1995. Amended: Filed August 10, 2006; effective September 14, 2006.

Statutory Authority:Code of Ala. 1975, §§ 33-5-62, 33-5-73; §§15 and 27 of Act No. 94-652 (Regular Session, 1994).

PENALTY: As provided by §§15 and 27 of Act No. 94-652 (Regular Session, 1994) and §§ 33-5-62 and 33-5-73, Code of Ala. 1975.