This section creates the Lulu Gribbin Shark Alert System, defines key terms, requires the department to adopt implementing rules, authorizes the commissioner to make agreements, and says the alert system must be activated after a confirmed unprovoked shark attack near a shoreline or coastline.
(a) This section shall be known and may be cited as the Lulu Gribbin Shark Alert System Act. (b) For the purposes of this section, the following terms have the following meanings: (1) ALERT SYSTEM. The shark alert system. (2) BEACHES AND COASTAL AREAS. Beaches and shorelines that face the Gulf of America or Pelican Bay. (3) COMMISSIONER. The Commissioner of Conservation and Natural Resources. (4) DEPARTMENT. The Department of Conservation and Natural Resources. (5) FIRST RESPONDER. A lifeguard, rescue squad member, emergency medical service provider, public safety telecommunicator, municipal, county, or state law enforcement officer, including an enforcement officer of the department, or any other emergency management provider who responds to an emergency situation. (6) WIRELESS EMERGENCY ALERT. A text message, short message service, or other data application broadcast from a cell tower to all compatible mobile wireless or phone devices that are turned on in a geographic area. (c)(1) The shark alert system is established to serve the beaches and coastal areas in Baldwin and Mobile Counties. (2) The Department of Conservation and Natural Resources shall adopt rules to implement and administer this section, including establishing operating protocols for activating the alert system, in coordination with local emergency management organizations. (3) In the development and implementation of the alert system, the commissioner shall receive upon request the full cooperation, including assistance, expertise, and information, of other departments and agencies of this state or political subdivisions thereof, including the Alabama Emergency Management Agency, local emergency management organizations, the Alabama State Law Enforcement Agency, the Office of Emergency Medical Services of the Alabama Department of Public Health, the Alabama Gulf Emergency Medical Services System, and all first responder organizations that employ or use emergency medical services personnel licensed under Chapter 18 of Title 22, the Offices of Sheriff of Baldwin and Mobile Counties, and the municipalities with jurisdiction over beaches and coastal areas, including the police and other municipal departments that manage public beaches, parks, and piers. (4) The commissioner may enter into agreements with any department or agency of this state or any political subdivision thereof, including those listed in subdivision (3), to provide necessary resources and support for the implementation and operation of the alert system. (d) The alert system shall be activated when the department receives a confirmed report of an unprovoked shark attacking an individual within close proximity to a shoreline or coastline. (e) No private cause of action may be maintained against the department or any of the entities listed in subdivision (c)(3) for failure to activate the shark alert system.