Code of Alabama

Ala. Code § 9-2-8 (2026)

Commissioner of Conservation and Natural Resources - Promulgation of Rules and Regulations as to Game, Fish and Seafood; Publication and Distribution of Laws, Etc.

✓ official Alabama Legislature (ALISON) text, current July 2026
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The Commissioner of Conservation and Natural Resources is authorized to make and promulgate such reasonable rules and regulations not in conflict with the provisions of the game and fish laws as he may deem for the best interest of the conservation, protection and propagation of wild game, birds, animals, fish and seafoods, which rules and regulations shall have the effect of law; provided, that the Commissioner of Conservation and Natural Resources shall not have the right to make or promulgate any rules or regulations which will hamper industry or which will interfere with the operation of any industrial plant or plants or any industrial operation. The Commissioner of Conservation and Natural Resources shall not have the right to make or promulgate any rules or regulations which will hamper or interfere with the construction of dams built for impounding private waters as defined by the legislature or which will hamper or interfere with the catching, the marketing, the sale or resale or buying of the fish crop or any fish caught or taken from private waters as defined by the Legislature or which will in any way hamper or interfere with the maximum development of private waters as a source of food, farm income and recreation in the State of Alabama. The Commissioner of Conservation and Natural Resources shall publish in pamphlet form for general distribution all laws together with such rules and regulations relating to game, birds, fish, fur bearers, seafoods and other matters over which such Commissioner of Conservation and Natural Resources has authority or supervision. Such pamphlet so published shall be received in evidence without further proof of such rules and regulations in any court of this state.

(Acts 1935, No. 240, p. 632, §§ 20, 23; Code 1940, T. 8, §21; Acts 1943, No. 531, p. 505, § 1.)

Notes of Decisions
Cited in 3 cases, 1991–2011 · leading case: United States v. Robert Waites Guthrie, 50 F.3d 936 (11th Cir. 1995).
United States v. Robert Waites Guthrie, 50 F.3d 936 (11th Cir. 1995). · cites it 2× “Ala.Code § 9-2-8 (1975). Because Act No. 531 does not violate § 45 of the Alabama Constitution, Alabama Code § 9-2-8 is valid, and Alabama Reg.”
United States v. William Salyers, 437 F. App'x 357 (6th Cir. 2011). “§ 70-4-102(A), Tennessee Wildlife Resources Commission Proclamation 99-6, an Alabama statute, Ala. Code § 9-2-8 , and Alabama Wildlife and Freshwater Fisheries Regulation 220-2-49, all of which generally regulate the size of freshwater washboard mussels which may be harvested.”
Clopton v. State, 601 So. 2d 1087 (Ala. Crim. App. 1991). “” Section 9-2-8 provides in relevant part: “The commissioner of conservation and natural resources is authorized to make and promulgate such reasonable rules and regulations not in conflict with the provisions of the game and fish laws as he may deem for the best interest of the…”
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